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City Charter Amendment Documents Submitted to the Secretary
„ix-i.-c,::: ::4,:.,, W,-;,_ __ m': SHIRLEY N. WEBER, Ph.D. 1 :. ,:ktor414,„ i,_ , ...: _ .._ 174',Ts CALIFORNIA SECRETARY OF STATE Business Programs Division {Special Filings 1500 11th Street,2 °Floor i Sacramento, CA 95814 P.O. Box 942877 I Sacramento, CA 94277-0001 i Tel 916.653.3984 I www.sos.ca.gov May 9, 2024 City of Huntington Beach Attn: Robin Estanislau 2000 Main Street Huntington Beach, CA 92648 Amendments to the Charter of the City of Huntington Beach, ratified by the voters at the election on March 5, 2024, were filed in this office on April 23, 2024, and assigned Charter Chapter Number 7 for publication in the Statutes of 2024. Sincerely, Special Filings Unit .a _v m?'C:r •.< +7 •_.• ._ 0 . C) ,„ E�a«a SHIRLEY N• WEBER Ph.D. CALIFORNIA SECRETARY OF STATE Busine&5 Programs D'vislon Special Flnngs. 11500 11th Street, 2"°Hoot i Sacramento,CA 95814 P.O Box 942877 I Sacramento. CA 94277-0001 Ile!916 653 3984 i www sos ca.gov May 9, 2024 City of Huntington Beach Attn: Robin Estanislau 2000 Main Street Huntington Beach, CA 92648 Amendments to the Charter of the City of Huntington Beach, ratified by the voters at the election on March 5, 2024, were filed in this office on April 23, 2024, and assigned Charter Chapter Number 8 for publication in the Statutes of 2024. Sincerely, Special Filings Unit cp. in C..J r""! CD r 11 !� (7/��. gOPP0R4t4,... City of Huntington Beach t_i ` 2000 Main Street ♦ Huntington Beach, CA 92648 �.A Q (714) 536-5227 • www.huntingtonbeachca.gov =•• `� # Office of the City Clerk CoUNPi vile Robin Estanislau, City Clerk April 23, 2024 Hugh Nguyen, County Clerk-Recorder County of Orange County Administration South Building 601 N. Ross Street Santa Ana, CA 92701-4072 Shirley N. Weber, Ph.D., Secretary of State State of California Special Filings Unit 1500 11th Street, 2nd Floor Sacramento, CA 95814 Subject: Transmittal of a Copy of the Revised Huntington Beach City Charter Dear Clerk-Recorder Nguyen and Secretary Weber: Enclosed please find a copy of documents to be received and filed by the Orange County Clerk- Recorder's Office and the Secretary of State's Filing Unit. This record is being filed in accordance with Government Code Section 34460 and pursuant to a General Municipal Election held in the City of Huntington Beach on the 5th day of March, 2024. Sincerely, d G�Glti G146(.121. Robin Estanislau, CMC City Clerk Enclosure: Huntington Beach Charter Documentation Packet �� ��NZ I N G TD " City of Huntington Beach 1 ' 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov uoLN`ty 0;110 Office of the City Clerk � Robin Estanislau, City Clerk State of California } County of Orange } ss City of Huntington Beach } I, Gracey Van Der Mark, Mayor, and I, Robin Estanislau, City Clerk, in and for the City of Huntington Beach, California, do hereby certify and authenticate that the following are full, true and correct copies of documents required to be submitted to the California Secretary of State and Orange County Clerk-Recorder in accordance with Government Code Section 34460, and pursuant to a Special Municipal Election held in the City of Huntington Beach on the 5th day of March, 2024. 1. Copy of Revised City Charter of the City of Huntington Beach for acceptance and filing (Att #1) 2. Copy of Charter Legislative Draft (Att #2) 3. Certificate of Proceedings in Adoption of Charter Amendment Measures Nos. 1 (Measure A-Passed), No. 2 (Measure B-Passed), and No. 3 (Measure C-Failed) (Resolution Nos. 2024-42, 2023-43, 2023-44, 2023-45) (Att #3) 4. Impartial Analysis and complete text of Charter Amendment Measure No. 1 (Measure A) — "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 more in-person voting locations; and monitor ballot drop-boxes, be approved?" approved by the voters (Att #4) 5. Impartial Analysis and complete text of Charter Amendment Measure No. 2 (Measure B) — "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, the 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?" approved by the voters (Att #5) 6. Certified copies of pages from Orange County's Voter Information Guide relating to Huntington Beach Measures A and B (Att#6) 7. Copies of Arguments and Rebuttals — Charter Amendment No. 1 (Measure A) (Att #7) Sister City: Anjo, Japan HB Charter Amendment Documentation April 23, 2024 Page 2 8. Copies of Arguments and Rebuttals - Charter Amendment No. 2 (Measure B) (Att #8) 9. Proof of Publications of Notice of Election (English, Spanish, Korean, Vietnamese) (Att #9) 10. Resolution No. 2024-12 reciting the facts of the Special Municipal Election consolidated with the Presidential Primary Election held on March 5, 2024, declaring the results and such other matters as provided by law, including Exhibit "A" Certificate of Registrar of Voters to Result of the Canvass of the Presidential Primary Election Returns (Att#10) I have hereunto set my hand and seal this 23rd day of April, 2024. COkildt1k1(1.01Ae— 2.9‘e-:"-'F,d."---AA-tAej--ae.--•..__---i Gracey Van Der Mark, Mayor Ro ' Estanislau, CMC, City Clerk City of Huntington Beach City of Huntington Beach Attest: Toge--;-) Robin Estanislau, CMC, City Clerk City of Huntington Beach Sister City: Anjo, Japan A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On April 23, 2024 before me, Donna Switzer, Notary Public, personally appeared Gracey Van Mark and Robin Estanislau who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DONNASwrIZER �_�fa s. Notary Public-California W i � Orange County ' *• Commiss at -4 r. My Comm.Expiresion Nov2470457 9,2027 411011 (Seal) (Notary Signature) ATTACHMENT 1 Copy of Revised Charter CITY OF HUNTINGTON BEACH • City Charter Incorporated February 17, 1909 Revised 2024 ��i NTIN�T I % � � 1� r ••�F9 ik • 1 ',twee C'/##/ LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION CITY OF HUNTINGTON BEACH CITY CHARTER fe ®®®® C�a p4-er -7 and Cliarter I0 �N..iNcT FILED pA �� °•.�'F®. Secretary of State �C -.-- � State of California o, _ ,. Q 24 Vik `aFC°LINTY CA-Josf' ®ems® Incorporated,February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37 5/17/37 Amendments .2/2/40 Amendments 1/29/47 Amendments ....1/27/49 Amendments .5/9/49 Revised .5/1/50 New Charter 2/10/66 Amendments 1/18/71 Amendments .6/5/75 Amendments ...12/10/76 Amendments ....7/17/78 Amendments..(Consolidation November) 12/9/82 Amendments 12/7/84 Amendments ....12/7/90 Amendments 4/22/02 Revised (Certified by the Secretary of State 1/6/11) 12/6/10 Amendments...(Certified by the Secretary of State 12/30/14) 12/1/14 Amendments...(Certified by the Secretary of State //24) 4/2/24 City of Huntington Beach City Charter Page 1 of 21 4/07/24 CITY OF HUNTINGTON BEACH CITY CHARTER • N ,( �C°LINTY qr\-/I Incorporated,February 17, 1909 (Election February 9, 1909;94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37 5/17/37 Amendments .2/2/40 Amendments 1/29/47 Amendments 1/27/49 Amendments 5/9/49 Revised 5/1/50 New Charter 2/10/66 Amendments 1/18/71 Amendments 6/5/75 Amendments ..12/10/76 Amendments 7/17/78 Amendments..(Consolidation November) ..12/9/82 Amendments 12/7/84 Amendments ....12/7/90 Amendments 4/22/02 Revised .(Certified by the Secretary of State 1/6/11) 12/6/10 Amendments...(Certified by the Secretary of State 12/30/14) 12/1/14 Amendments...(Certified by the Secretary of State / /24) 4/2/24 City of Huntington Beach City Charter Page 1 of 21 4/07/24 CITY CHARTER TABLE OF CONTENTS ARTICLE I. INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102. Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE H. FORM OF GOVERNMENT Section 200. Council-Manager Form of Government ARTICLE III.ELECTIVE OFFICES Section 300. City Council,Attorney,Clerk and Treasurer.Terms Section 301. Powers Vested in City Council Section 302.Compensation Section 303.Meetings and Location Section 304. Quorums,Proceedings and Rules of Order Section 305.Presiding Officer Section 306.Mayor Pro Tempore Section 307.Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney.Powers and Duties Section 310.City Clerk. Powers and Duties Section 311.City Treasurer. Powers and Duties Section 312.Vacancies,Forfeitures and Replacement Section 313. Conflict of Interest,Nepotism ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL Section 400.City Manager.Composition,Term, Eligibility,Removal Section 401. Powers and Duties Section 402. Acting City Manager Section 403. Personnel Section 404. Retirement System Section 405. Boards,Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500.Regular Ordinances.Enactment,Adoption,Publication,Amendment,When Effective and Codification Section 501.Emergency Ordinances Section 502.Resolutions Section 503. Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 21 4/07/24 ARTICLE VI.FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601.Annual Budget,Preparation by the City Manager Section 602.Annual Budget. Submission to the City Council Section 603.Annual Budget.Public Hearing Section 604.Annual Budget. Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606.Determination of City Tax Rate Section 607.Tax Limits Section 608.Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612.Public Utilities and Parks and Beaches Section 613.Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616.Independent Audit Section 617.Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702.Procedure for Holding Elections Section 703. Initiative,Referendum and Recall Section 704.Nomination Papers Section 705. Special Provisions Relating to Municipal Elections ARTICLE VIII.MISCELLANEOUS Section 800. Transition Section 801.Definitions Section 802.Violations Section 803.Property Rights Protection Measure Section 804.Charter Review Section 805. Safe and Sane Fireworks Section 806. Display of Flags City of Huntington Beach City Charter Page 3 of 21 4/07/24 CHARTER 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. Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City. It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally,abide by the provisions of this Charter, in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101.SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City.The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS.The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Manager form of government. City of Huntington Beach City Charter Page 4 of 21 4/07/24 ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members,a City Clerk,a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter.A City Attorney shall be elected in 1966,and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302.COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month.In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition,members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes.If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings.If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such City of Huntington Beach City Charter Page 5 of 21 4/07/24 notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned.If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or, if he should fail to act,by a majority of the members of the City Council. (d) Open Meetings.All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any City of Huntington Beach City Charter Page 6 of 21 4/07/24 member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people,and as occasion requires,may inform the people of any major change in policy or program;and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council.The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE. The City Council shall also designate one of its members as Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter,no member of the City Council shall order, directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom.Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS.The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney,and shall be filed with the City Clerk.Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon, or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309.CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. City of Huntington Beach City Charter Page 7 of 21 4/07/24 (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers,files,and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310.CITY CLERK.POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business,public administration,or a related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. City of Huntington Beach City Charter Page 8 of 21 4/07/24 (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor,unless the City Council,has availed itself,or does in the future avail itself,of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CITY TREASURER.POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting,finance,business, or public administration;or A Bachelor's Degree in accounting,finance,business,or public administration with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments,license fees and other revenues of the City,or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments,or from any court,or from any office,department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office,department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or, if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances,and shall file copies of such reports with the City Manager and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. City of Huntington Beach City Charter Page 9 of 21 4/07/24 (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter,from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture.If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313.CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council,nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400.CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however,that the person occupying the office shall not be removed from office except as herein provided. City of Huntington Beach City Charter Page 10 of 21 4/07/24 (c) Eligibility. The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (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 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. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote,suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget annually, submit it to the City Council,and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year,a complete report on the fmances of the City,and annually or more frequently,a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase, inspection, storage, inventory,distribution and disposal of all supplies,materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances, franchises and rights of the City. City of Huntington Beach City Charter Page 11 of 21 4/07/24 Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402.ACTING CITY MANAGER.During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager. In the event the City Manager fails to make such appointment, such appointment may be made by the City Council. Section 403.PERSONNEL. In addition to the City Council,a City Clerk,a City Treasurer,a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City.The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system.By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system. The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient, fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance. Section 404.RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES. The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City.All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES.ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine or other penalty,or granting a franchise, shall be by ordinance.The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. City of Huntington Beach City Charter Page 12 of 21 4/07/24 (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction.In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption,except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation,or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein;however, such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification.Amendments to the code shall be enacted by ordinance. Section 501.EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace,health,or safety, and containing a statement of the reasons for its urgency,may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced,enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. City of Huntington Beach City Charter Page 13 of 21 4/07/24 ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER.At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Director of Finance, estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year,detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602.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 fiscal year.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 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.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.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect for the ensuing fiscal year.Copies thereof,certified by the City Clerk, shall be filed with the City Manager,Director of Finance,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.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 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 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes.If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. City of Huntington Beach City Charter Page 14 of 21 4/07/24 Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute general obligations of the City;and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates,due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation,may be made annually,based on City Council approved estimates,for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed$0.03 per One Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. City of Huntington Beach City Charter Page 15 of 21 4/07/24 Section 610.BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611.REVENUE BONDS.Bonds which are payable only out of such revenues,other than taxes, as may be specified in such bonds,may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues, shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds,for the maintaining of adequate rates or charges,for restrictions upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund,and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public. Effective January 1,2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND City of Huntington Beach City Charter Page 16 of 21 4/07/24 - the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section,subsection,part, subpart,paragraph,clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections,parts, subparts,paragraphs,clauses or phrases shall not be affected but shall remain in full force and effect. Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract,for the acquisition of equipment,materials, supplies, labor, services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614.CONTRACTS ON PUBLIC WORKS.Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets,drains,sewers, utilities,parks and playgrounds,and each separate purchase of materials or supplies for the same,where the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion.After rejecting bids,or if no bids are received,or without advertising for bids if the total amount of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City of Huntington Beach City Charter Page 17 of 21 4/07/24 City Council,it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health,or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers.The Council may, without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year.As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations,alleys, streets,highways, curbs and gutters, sidewalks,bridges, street trees, landscaped medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways,and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account.Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction,design,engineering, project management, inspection,contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-(5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. City of Huntington Beach City Charter Page 18 of 21 4/07/24 ARTICLE VII ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. Section 701.SPECIAL MUNICIPAL ELECTIONS.All other municipal elections that may be held by authority of this Charter,or of any law, shall be known as special municipal elections. Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,for the holding of municipal elections, so far as the same are not in conflict with this Charter.In the event of such conflict,the provisions of this Charter shall control and prevail,in accordance with Section 103 of this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. 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. ARTICLE VIII MISCELLANEOUS Section 800.TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, City of Huntington Beach City Charter Page 19 of 21 4/07/24 are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall" is mandatory,and"may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer,"or"employee" is a department,board,commission, agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word "mandates" as used in subsection(a)includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased,rented,exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a)refer to any parcel of land or site,either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City of Huntington Beach City Charter Page 20 of 21 4/07/24 City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. 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. Section 805.SAFE AND SANE FIREWORKS. It shall be lawful to possess,sell,display,use or discharge within the City,those fireworks that are defined and classified as Safe and Sane Fireworks (a.k.a. "state-approved fireworks")in the California State Fireworks Law(sections 12500 et seq. of the Health and Safety Code and the relevant sections of Code of Regulations Title 19, Subchapter 6)subject to regulation by City Council. 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. City of Huntington Beach City Charter Page 21 of 21 4/07/24 ATTACHMENT 2 Copy of Charter Legislative Draft LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION CITY OF HUNTINGTON BEACH CITY CHARTER � NGT��� • �c°LINTY•��� �Incorporated, February 17, 1909 (Election February 9, 1909;94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37 5/17/37 Amendments .2/2/40 Amendments 1/29/47 Amendments ....1/27/49 Amendments 5/9/49 Revised 5/1/50 New Charter 2/10/66 Amendments 1/18/71 Amendments .6/5/75 Amendments ..12/10/76 Amendments 7/17/78 Amendments..(Consolidation November) ..12/9/82 Amendments 12/7/84 Amendments ....12/7/90 Amendments 4/22/02 Revised (Certified by the Secretary of State 1/6/11) 12/6/10 Amendments...(Certified by the Secretary of State 12/30/14) 12/1/14 Amendments...(Certified by the Secretary of State //24) 4/2/24 City of Huntington Beach City Charter Page 1 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601.Annual Budget,Preparation by the City Manager Section 602.Annual Budget. Submission to the City Council Section 603.Annual Budget. Public Hearing Section 604.Annual Budget. Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607.Tax Limits Section 608.Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613.Execution of Contracts Section 614.Contracts on Public Works Section 615.Granting of Franchises Section 616.Independent Audit Section 617. Infrastructure Fund ARTICLE VII.ELECTIONS Section 700.General Municipal Elections Section 701. Special Municipal Elections Section 702.Procedure for Holding Elections Section 703.Initiative,Referendum and Recall Section 704.Nomination Papers Section 705. Special Provisions Relating to Municipal Elections ARTICLE VIII.MISCELLANEOUS Section 800. Transition Section 801.Definitions Section 802.Violations Section 803.Property Rights Protection Measure Section 804.Charter Review Section 805. Safe and Sane Fireworks Section 806.Display of Flags City of Huntington Beach City Charter Page 3 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION CHARTER 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.Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City. It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally, abide by the provisions of this Charter, in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME.The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Manager form of government. City of Huntington Beach City Charter Page 4 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS. The elective officers of the City shall consist of a City Council of seven members,a City Clerk, a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter.A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL.All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302.COMPENSATION.The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition,members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such City of Huntington Beach City Charter Page 5 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes.In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act,by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money, or upon the demand of any City of Huntington Beach City Charter Page 6 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people,and as occasion requires,may inform the people of any major change in policy or program;and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE. The City Council shall also designate one of its members as Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Section 307.NON-INTERFERENCE WITH ADMINISTRATION.Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom. Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney,and shall be filed with the City Clerk.Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon, or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309.CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. City of Huntington Beach City Charter Page 7 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books,papers,files,and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310.CITY CLERK.POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business,public administration, or a related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records,in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. City of Huntington Beach City Charter Page 8 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor,unless the City Council,has availed itself,or does in the future avail itself,of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CITY TREASURER.POWERS AND DUTIES.To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting, finance,business,or public administration;or A Bachelor's Degree in accounting,finance,business,or public administration with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City,or for the collection of which the City is responsible,and receive all taxes or other money receivable by the City from the County, State or Federal governments,or from any court,or from any office,department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office,department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or, if no such resolution be adopted,then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances,and shall file copies of such reports with the City Manager and City Council. City of Huntington Beach City Charter Page 9 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313.CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council,nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400.CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City Manager who shall be the chief administrative officer of the City. City of Huntington Beach City Charter Page 10 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council;provided, however,that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility. The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (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 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. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City.Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote, suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget annually, submit it to the City Council,and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City,and annually or more frequently,a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase, inspection, storage, inventory,distribution and City of Huntington Beach City Charter Page 11 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION disposal of all supplies,materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances,franchises and rights of the City. Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402.ACTING CITY MANAGER.During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager. In the event the City Manager fails to make such appointment, such appointment may be made by the City Council. Section 403.PERSONNEL. In addition to the City Council,a City Clerk,a City Treasurer,a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers, assistants,deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City.The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system.By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system. The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by law,City Charter, or by ordinance. Section 404.RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES. The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City.All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES.ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EJ+1+1;CTIVE AND CODIFICATION. (a) Enactment.In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine or other penalty,or City of Huntington Beach City Charter Page 12 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall be read by title only.Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption.A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation,or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification.Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein;however, such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption.Ordinances codified shall be repealed as of the effective date of the codification.Amendments to the code shall be enacted by ordinance. Section 501.EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace,health,or safety, and containing a statement of the reasons for its urgency,may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced,enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. City of Huntington Beach City Charter Page 13 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION Section 503.PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR.The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER.At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Director of Finance,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year,detailed in such manner as may be prescribed by the City Manager.In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602.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 fiscal year.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 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.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.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof,certified by the City Clerk, shall be filed with the City Manager,Director of Finance,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.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 fiscal year to the extent that they shall not have been expended or lawfully encumbered. City of Huntington Beach City Charter Page 14 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION 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 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes.If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year,which constitute general obligations of the City;and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates,due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation,may be made annually,based on City Council approved estimates,for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed$0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health,safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. City of Huntington Beach City Charter Page 15 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611.REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds,may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues, shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds,for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund,and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public.Effective January 1,2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. City of Huntington Beach City Charter Page 16 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections,parts, subparts,paragraphs,clauses or phrases shall not be affected but shall remain in full force and effect. Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract,for the acquisition of equipment,materials, supplies, labor,services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614.CONTRACTS ON PUBLIC WORKS.Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets,drains,sewers, utilities,parks and playgrounds, and each separate purchase of materials or supplies for the same,where City of Huntington Beach City Charter Page 17 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion.After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health, or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect,in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations,alleys, streets,highways,curbs and gutters, sidewalks,bridges, street trees, landscaped medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways,and all public buildings and public ways.Interest earned on monies in the Infrastructure Fund shall accrue to that account.Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction,design,engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. City of Huntington Beach City Charter Page 18 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-(5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. Section 701.SPECIAL MUNICIPAL ELECTIONS.All other municipal elections that may be held by authority of this Charter,or of any law, shall be known as special municipal elections. Section 702.PROCEDURE FOR HOLDING ELECTIONS.All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict,the provisions of this Charter shall control and prevail,in accordance with Section 103 of this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. 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. City of Huntington Beach City Charter Page 19 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. ARTICLE VIII MISCELLANEOUS Section 800.TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801.DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall" is mandatory,and"may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer,"or"employee" is a department,board,commission,agency,officer or employee,as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates" as used in subsection(a)includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased,rented,exchanged or otherwise transferred by its owner.The words "real property" as used in subsection(a)refer to any parcel of land or site,either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: City of Huntington Beach City Charter Page 20 of 21 4/07/24 LEGISLATIVE DRAFT OF CHANGES MADE TO SECTIONS 702; 705 and 806 3/05/2024 ELECTION (1) any real property which contains serious health, safety, fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity,including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation,assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. 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. Section 805.SAFE AND SANE FIREWORKS. It shall be lawful to possess, sell, display,use or discharge within the City,those fireworks that are defined and classified as Safe and Sane Fireworks (a.k.a. "state-approved fireworks")in the California State Fireworks Law(sections 12500 et seq. of the Health and Safety Code and the relevant sections of Code of Regulations Title 19, Subchapter 6)subject to regulation by City Council. 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 POWIMIA 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. City of Huntington Beach City Charter Page 21 of 21 4/07/24 ATTACHMENT 3 Certificate of Proceedings Recorded in Official Records, Orange County • Hugh Nguyen, Clerk-Recorder When Recorded Mail to: 111111111111111111111111111111.11111111111111111 IIIICI NO FEE Office of the City Clerk * S R 0 0 1 4 9 1 0 4 2 3 S f City of Huntington Beach 2024000102375 12:50 pm 04124124 2000 Main Street 9 419A C15 42 Huntington Beach CA 92648 0.00 0.00 0.00 0.00 123.00 0.00 0.000.000.00 0.00 • CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF CHARTER AMENDMENTS BY ELECTORS.OF THE CITY OF HUNTINGTON BEACH AT A SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2024 STATE OF CALIFORNIA } COUNTY OF ORANGE }ss CITY OF HUNTINGTON BEACH } • We,the undersigned, Gracey Van Der Mark, Mayor of the City of Huntington Beach, and Robin Estanislau, City Clerk of said City, do hereby certify and declare as follows: That the City of Huntington Beach, in the County of Orange, State of California, is now and at all times herein mentioned as a municipal corporation, duly organized in accordance with the provisions of the Constitution of the State of California by the electors of said City on the 29"' Day of April 1937, and thereafter duly Adopted by Assembly and the Senate of the State of California on May 12, 1937 and May 13, 1937 respectively; That on the 17th day of October 2023,the City Council of the City of Huntington Beach passed and adopted Resolution No. 2023-42 calling for a Special Municipal Election to be held in the City of Huntington Beach, on March 5, 2024 for the submission to the voters questions relating to City Charter amendments (including Exhibit A-- Charter Amendment Measure 1 (Measure A); Charter Amendment Measure 2 (Measure B); and, Charter Amendment Measure 3 (Measure C) (Ex. 1); That on the 17"'day of October, 2023,the City Council of the City of Huntington Beach passed and adopted Resolution No. 2023-43 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 State Elections Code (including Exhibit A— Charter Amendment Measure 1 (Measure A); Charter Amendment Measure 2 (Measure B); and, Charter Amendment Measure 3 (Measure C) (Ex. 2); This document is solely for the official business of the City of Huntington Beach. as contemplated under Government Code Sec.27383 and should-be recorded free of charge. When Recorded Mail to: Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington.Beach CA92648 CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF CHARTER AMENDMENTS BY ELECTORS OF THE.CITY OF HUNTINGTON BEACH AT A SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2024 STATE OF CALIFORNIA } COUNTY OF ORANGE }ss CITY OF HUNTINGTON BEACH } We, the undersigned, Gracey Van Der Mark, Mayor of the City of Huntington Beach, and Robin Estanislau, City Clerk of said City, do hereby certify and declare as follows: That the City of Huntington Beach, in the County of Orange, State of California, is now and at all times herein mentioned as a municipal corporation, duly organized in accordance with the provisions of the Constitution of the State of California by the electors of said City on the 29th Day of April 1937, and thereafter duly Adopted by Assembly and the Senate of the State of California on May 12, 1937 and May 13, 1937 respectively; That on the 17th day of October 2023, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2023-42 calling for a Special Municipal Election to be held in the City of Huntington Beach, on March 5, 2024 for the submission to the voters questions relating to City Charter amendments (including Exhibit A-- Charter Amendment Measure 1 (Measure A); Charter Amendment Measure 2 (Measure B); and, Charter Amendment Measure 3 (Measure C) (Ex. 1); That on the 17th day of October, 2023, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2023-43 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 State Elections Code (including Exhibit A-- Charter Amendment Measure 1 (Measure A); Charter Amendment Measure 2 (Measure B); and, Charter Amendment Measure 3 (Measure C) (Ex. 2); Certificate of Proceedings Page Two April 23, 2024 That on the 17th day of October, 2023, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2023-44 setting priorities for filing written arguments, regarding City measures and directing the City Attorney to prepare impartial analyses (Ex. 3); That on the 17th day of October, 2023, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2023-45 providing for the filing of rebuttal arguments for City measures submitted at municipal elections (Ex. 4); We further declare that the foregoing constitutes a true and correct statement of the proceedings had by the City of Huntington Beach and the City Council of said City in the presentation of said amendments to the Charter of the City of Huntington Beach and election held thereon. IN WITNESS WHEREOF we have hereunto set our hands and affixed the official seal of the City of Huntington Beach, California on the 23rd day of April, 2024. LA(1/14c1L-)(/13te— Gracey Van Der Mark, Mayor Robin Estanislau, CMC, City Clerk City of Huntington Beach City of Huntington Beach Attest: Robin Estanislau, CMC, City Clerk City of Huntington Beach Ex. 1 — Resolution No. 2023-42 Ex. 2 — Resolution No. 2023-43 Ex. 3 — Resolution No. 2023-44 Ex. 4 — Resolution No. 2023-45 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On April 23, 2024 before me,Donna Switzer, Notary Public, personally appeared Gracey Van Mark and Robin Estanislau who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ry DONNA SW(TZER Notary Public-California !t 2 Orange County � : Commission k 2470457 `,L coI''� My Comm.Expires Nov 9,2027 (Seal) (Notary Signature) Ex . 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. 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 QRDER 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, Chapter3,Article 3 (commencing at § 9255) pf 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. I,which provides that commencing in 2026, fox 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 RESOLUTIQN 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 23-1.3267/320953 RESOLUTION NO. 2023-42 PASSEL) ANI) ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th1ay of October , 2023. 11'7 w0&- .3 Mayor REVIEWE D AP ROVED: APPROVED AS TO FORM: City M f. City Attorney NI IAATTED AND PPR I ED: Cit �T�v 4 23-13267/320953 RESOLUTION NO. 2023-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN ASS IC- FHROU 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 Oran eg 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 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-1-968 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. "Pies 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 er fe 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 t o ch-ai c i•,z =-i ot-State in-trhe orrder of-adj annnent,, uch meeting l shalAn-be-held-at the hour f©r 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 personallyLer 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 Ins 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 TIlE 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 he 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 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 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 ceitify 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 • • 6?riffe:?4Zdildliatjfitd r, City Clerk and ex-officio Clerk•of the • City Council of the City of Huntington Beach, California Ex. 2 RESOLUTION NO. 2023-43 A RESOLUTION OF. THE CITY COUNCIL QF 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 $, 2024, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO § 1 Q403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Peach 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 QF 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 Prange 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 mere 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. 2 23-13267/320952 • . RESOLUTION NO. 2023-43 SECTION 7. That the City of Iuntington 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. tf''? Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: ` I r City Manager /" City Attorney INITIATED ANI) 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 . 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. fa) 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. 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 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 4-968-2024, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms 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 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 conductec'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 ad ourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment_ and when-se-adjoufned Each re-adjourned meeting shall be a regular meeting for all purposes. If tf'1 tL '£h., eet;ng_is ad.Jou of L. meetin vCc f c sham he} ldingregular meet=ig,4f 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 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 he 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 he 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 ex-eetitive 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 D' e 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 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 Dieter-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 he 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 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 f Fina ee 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. (c) The masculinefeminine-ineludes-the-masculi (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. 9 23-13267/320952 • • I • 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 CIerk 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 • • i2,1117t City Clerk and ex-officio Clerk of the City Council of the'City of , • Huntington Beach, California Ex. 3 RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR PILING WRITTEN ARGUMENTS.REGARDING CITY MEASURES AND DIRECTING THE CITY • ATTQRNEY 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 submittal 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 waver/Against) Rhonda Bolton (Councilmember Inver/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 Cede 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 exnailed at no cast 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 Bums (Councilmember In Favor/Against) Dan Kalmick (Councilmember In-Fa /Against) Natalie Moser (Councilmember In-Faver/Against) Rhonda Bolton (Councilmember mar/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 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 IO-point type,the following: "The above statement is an impartial analysis of Charter Amendment Measure 2. If you desire a copy of the Measure,please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That with respect to the measure entitled: "Shall proposed Charter Amendment No.'3 to: YES commencing in 2026,require the City to adopt a two- year budget;update the procedures to cancel a regular City council meeting; update•the process to fill a City Council vacancy; and.amend outdated phrases, syntax,dates,pronouns, and titles be approved?" 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/Again t) Dan Kalmick (Councilmember In-Favef/Against) Natalie Moser (Councilmember In Favor/Against) Rhonda Bolton (Councilmember In-Paver/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 he tiled 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 ANI) ADOPTED by the City Council of the City of I luntington Reach at a regular meeting thereof held on the 17th day of October 2023. 4'? ---- Mayor _------ REVIEWEI NI) APPROVED: APPROVED AS TO NORM: F,.....k.--- ,,,_ City age A--City Attorney INITIATED AND • .'PR 0 ED: \ . City . t• ,er / llov 23-13267/320954 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS Ali 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 euthor(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 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, pursuantto 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 toArgument 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, Bums NOES: . Kalmick, Moser, Bolton ABSENT: . None • RECUSE: None • eifti; 06. 71: 44,24 • City Clerk'and ex-officio Clerk of the • City Council of the City of Huntington Beach, California Ex . 4 • • RESOLUTION NO. 2023-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIbING 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 ofOctober2023. 1'7 .„0&3 Mayor REVI ED AND OVED: APPROVED AS TO FORM: City r f.,- City Attorney I 1 4 TED ' ND PPRO D: \h City Man-71-1er 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 pn , 20 Signatures pf a majority of the authors of the Argument is In Favor of ❑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 In Favor of ❑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 top the Form of Statement of Authors Form submitted with the Argument o.ln Favor of in Against Measure . §9285, E.C. Authorization for Others to Sign Rebuttal Argument (Added 10/2(10$,Amended 1012Q16) • 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 • • RAtte •etithliliati44) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT 4 Impartial Analysis and Complete Text of Charter Amendment No. 1 (Measure A) CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE 1 This proposed Charter amendment, if adopted, would amend the Charter related to City elections. Huntington Beach is a Charter City which is authorized by the State Constitution to determine how it conducts City elections. The Charter currently provides that all elections shall be held in accordance with the provisions of the California Elections Code, so far as they do not conflict with the Charter. This ballot measure proposes to amend Section 702 of the Charter to provide that in the event of a conflict between the Elections Code and the Charter,the provisions of the Charter shall control and prevail. This ballot measure also proposes to add new Section 705 to the Charter, which would: reaffirm the Charter's authority over the term of the City's elective officers,their length of term and their election cycle; and beginning in 2026,define the qualifications of an Elector in a City election as a United States citizen at least 18 years of age, and a resident of the City on or before the day of an election. This ballot measure would also authorize,but not require,the City to: verify the eligibility of Electors by voter identification;provide at least 20 ADA compliant voting locations for in- person voting dispersed throughout the City, in addition to any City facility voting locations; and monitor ballot drop boxes located within the City for compliance with all applicable laws. The adoption of this Measure may result in additional,currently undetermined costs to the City, because the City does not currently perform the described election activities; if the Measure is adopted,and the City chooses to implement the described election activities, it will increase the City's election related costs in an amount that cannot be precisely determined at this time. A"yes"vote on this measure would add new Section 705 to the Charter, and add the conflict resolution language to current Section 702. A"no"vote on this measure would not add new Section 705, and leave Section 702 in place as it currently exists. This Measure was placed on the ballot by the City Council. 0 o . w - 0 Ui Full Text of Measure_ City of Huntington Beach EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS CTr2IKCTI IROUCI I Charter Amendment Measure No.1 Section T02.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 Citv'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 droo boxes located within the City for compliance with all applicable laws. ' V44,44".-7-- ATTACHMENT 5 Impartial Analysis and Complete Text of Charter Amendment No. 2 (Measure B) CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE 2 This proposed Charter amendment, if adopted,would amend the City Charter by adding new Section 806 related to the City's display of flags on City property,to read as follows: "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." The proposed Charter amendment is nearly identical to current law set forth in Huntington Beach Municipal Code Section 13.07.010, with new language included in the ballot measure about the display of the official Olympic flags, and the display any other flag in addition to those already enumerated if authorized by a unanimous vote of all members of the City Council. A"yes"vote on this measure would add new Section 806 to the Charter. A"no"vote on this measure would not add new Section 806. This measure was placed on the ballot by the City Council. 6a7 W tV Full Text of Measure_ City of Huntington Beach EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS 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 flaa in addition to those already enumerated,but only if authorized by a unanimous vote of all members of the City Council. 104 4: 1°'AA7/ I C I I ATTACHMENT 6 Certified copies of pages from Orange County's Voter Information Guide relating to Huntington Beach Measures A and B OFFICIAL BALLOT Q■ III IIII III111111111 0 Presidential Primary Election Precinct 32100 March 5,2024 III I II I I II III I II IIII II Page 2 of 3 Orange County NONPARTISAN BALLOT UNITED STATES REPRESENTATIVE Judge of the Superior Court Proposition 1 MIMI 47th District Office No.3 AUTHORIZES$6.38 BILLION IN Vote for One Vote for One BONDS TO BUILD MENTAL Q TERRY L.CRANDALL Q DAN JACOBSON HEALTH TREATMENT FACILITIES ..m.p Party Preference:None Attorney FOR THOSE WITH MENTAL v Economics Professor JASON BAEZ HEALTH AND SUBSTANCE USE > mom Q SCOTT BAUGH Deputy District Attorney,County of CHALLENGES;PROVIDES Party Preference:Republican Orange HOUSING FOR THE HOMELESS. q Orange County Business Owner Q LEGISLATIVE STATUTE. ionn Q JOANNA WEISS Amends Mental Health Services Act Party Preference:Democratic to provide additional behavioral Voting Rights Advocate Judge of the Superior Court health services.Fiscal Impact:Shift Q BILL SMITH Office No.16 roughly$140 million annually of Party Preference:None Vote for One existing tax revenue for mental Retired General Counsel health,dru and alcohol treatment Q RICHARD ZIMMER g- Q SHARIQ ZAIDI Deputy District Attorney,County of from counties to the state. Party Preference:Democratic Orange Increased state bond repayment Security Officer Q BINH DANG costs of$310 million annually for Q LONG PHAM Deputy Public Defender,County of 30 years.Supporters:California Party Preference:Republican Los Angeles Professional Firefighters;CA Assoc. Businessman/Nuclear Engineer of Veteran Service Agencies; Q BOYD ROBERTS National Alliance on Mental Illness- Party Preference:Democratic CA Opponents:Mental Health Business Owner/Publisher Judge of the Superior Court America of California;Howard Jarvis Q TOM MCGRATH Office No.35 Taxpayers Association;Cal Voices Party Preference:None Vote for One Chemical Engineer Yes Q WHITNEY BOKOSKY Q DAVE MIN Deputy District Attorney,County of Q No Party Preference:Democratic Orange State Senator/Dad DANIEL J.KERN CITY Q MAX UKROPINA Attorney at Law A-City of Huntington Beach Party Preference:Republican Charter Amendment Measure Orange County Business Owner No.1 Shall proposed Charter Amendment COUNTY OF ORANGE No.1,which provides that STATE OF CALIFORNIA County Supervisor commencing in 2026,for all 1st District municipal elections,the City.may MEMBER OF THE STATE ASSEMBLY Vote for One require Voter Identification for 72nd District elections;provide more in-person Vote for One Q KIMBERLY HO voting locations;and monitor ballot City of Westminster Councilmember/ Q DOM JONES Entrepreneur drop-boxes,be approved? Party Preference:Democratic VAN TRAN Supporters:Tony Strickland,Mayor Businesswoman/TV Personality Huntington Beach;Gracey Van Der Orange County Supervisor's Chief Q DIANE DIXON MICHAEL VO Mark,Mayor Pro Tem Party Preference:Republican Opponents:Dan Kalmick,City Member of the Assembly Small Business Owner Council Member;Natalie Moser, Q JANET NGUYEN City Council Member;Rhonda State Senator/Businesswoman Bolton,City Council MemberED _ NONPARTISAN OFFICES PRANCES MARQUEZ Yes Cypress City Councilmember All voters may vote in these =I No contests.Candidates for these offices do not display a party mm NEM Iillll: JUDICIAL VOTTERSRES SUBMITTED TO THE ,,,,,,,,\s-WAR OF1,, ,eME ms, mew STATE OF CALIFORNIA 7�� • �•'•••.•FQ�4": a,, •: I.• ••i ,s = ▪ •. � , r ' ' i • �C' '^mom IIIMM *° COUNTY,CN.. ••unrnmis` Vote Both Sides of the Ballot 0 OFFICIAL BALLOT p iu im ui ii i i iuu p Presidential Primary Election Precinct 32100 March 5,2024 1111 p111111111111111111 Page 3 of 3 Orange County NONPARTISAN BALLOT B-City of Huntington Beach Charter Amendment Measure No.2 Shall proposed Charter Amendment EM No.2,which provides that the only ___ flags to be displayed by the City on City property are the United States mim •tusuusp m Flag,the State of California Flag,the •p•`''�RAR OF err'•., 0 mon. County of Orange Flag,the City of •`cG\S, • • �TF�•�� Huntington Beach Flag,the POW- .•` Q;.•'•• • •••• • MIA Flag,the six Armed Forces ,47 S `�� Flags,the Olympic Flag during the . Summer Olympic Games,and any *:• /� .� � . • other flag if authorized by a unanimous vote of the City Council, .1 " be approved? ‘74,'••• • Supporters:Tony Strickland,Mayor, �� �' • •......•• • 1�;•`* Gracey Van Der Mark,Mayor Pro *rr4• COUNT? NO% Tem;Pat Burns,City Council Member,Casey McKeon,City Council Member Opponents:Dan Kalmick,City P/Mi Council Member;Member, Moser, 14/?3/�� City Council Member,Rhonda Bolton,City Council Member Yes No C-City of Huntington Beach Charter Amendment Measure No.3 Shall proposed Charter Amendment No.3 to:commencing in 2026, require the City to adopt a two-year budget;update the procedures to cancel a regular City Council meeting;update the process to fill a City Council vacancy;and amend outdated phrases,syntax,dates, pronouns,and titles be approved? Supporters:Tony Strickland,Mayor Huntington Beach Opponents:Dan Kalmick,City Council Member;Natalie Moser, City Council Member;Rhonda Bolton,City Council Member Q Yes No m MMUS Mai MEM MEM mom 0 0 0 Ballot Measures-A Section 12 A City of Huntington Beach, Charter Amendment Measure No. 1 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 more in-person voting locations;and monitor ballot drop-boxes, be approved? What your vote means YES NO A"yes"vote on this measure would add new Section 705 A"no" vote on this measure would not add new Section to the Charter, and add the conflict resolution language 705,and leave Section 702 in place as it currently exists. to current Section 702. For and against FOR AGAINST Tony Strickland Dan Kalmick Mayor City Council Member Gracey Van Der Mark Natalie Moser Mayor Pro Tern City Council Member Rhonda Bolton City Council Member ♦ ,, , ♦�G�c��RAR.QF�O��% L. *..17 i $; . : *; O :v1 .. (, ..ram: ,• ,# ••........•oo 0 ,�40 * ,��•.PSNTYI C10% Ballot Measures-A Section 12 Full Text of Measure A City of Huntington Beach EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS£TRIKCTI IROUCIf 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 TO5.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: 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 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. Impartial Analysis City of Huntington Beach Measure A CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE 1 This proposed Charter amendment,if adopted,would amend the Charter related to City elections.Huntington Beach is a Charter City which is authorized by the State Constitution to determine how it conducts City elections.The Charter currently provides that all elections shall be held in accordance with the provisions of the California Elections Code,so far as they do not conflict with the Charter. This ballot measure proposes to amend Section 702 of the Charter to provide that in the event of a conflict between the Elections Code and the Charter,the provisions of the Charter shall control and prevail.This ballot measure also proposes to add new Section 705 to the Charter,which would: reaffirm the Charter's authority over the term of the City's elective officers,their length of term and their election cycle;and beginning in 2026,define the qualifications of an Elector in a City election as a United States citizen at least 18 years of age,and a resident of the City on or before the day of an election. This ballot measure would also authorize,but not require,the City to:verify the eligibility of Electors by voter identification;provide at least 20 ADA compliant voting locations for in-person voting dispersed throughout the City,In addition to any City facility voting locations;and monitor ballot drop boxes located within the City for compliance with all applicable laws. The adoption of this Measure may result in additional,currently undetermined costs to the City,because the City does not currently perform the described election activities;If the Measure is adopted,and the City chooses to implement the described election activities,it will increase the City's election related costs in an amount that cannot be precisely determined at this time. A"yes"vote on this measure would add new Section 705 to the Charter,and add the conflict resolution language to current Section 702.A"no"vote on this measure would not add new Section 705,and leave Section 702 in place as it currently exists. ` .pool1Aagi4s. This Measure was placed on the ballot by the City Council. +��0%�S"RAR OF y SSi�i Ir.•I••,a:I•V,.*::.,.....f.•igi- i-ii..„, • „.o.-';...)I 1\_ •••::,* + s 1\ . • 4I r: r'. . 1 : ., G ON.:. �j,7,4 LryOU C A;''� V" V 151tr1 illig Ballot Measures-A Section 12 Argument in Favor of Measure A Rebuttal to Argument in Favor of Measure A Huntington Beach voters deserve the right to know that our elections are Our elections are ALREADY SECURE,overseen by the award-winning, secure.It is crucial for our democracy that voters have faith in our election ISO-certified Orange County Registrar of Voters. Measure 1 misleads results. That trust in the outcome of elections comes into question when voters,threatening this security by potentially forcing Huntington Beach we can't always be certain who is voting. to conduct its own elections,a task for which the city is UNPREPARED and LACKS INFRASTRUCTURE.This could cost millions,an unnecessary California's Constitution gives Charter Cities like Huntington Beach the financial burden. power to govern how local elections are conducted.Some cities,like San Francisco,have used that power to let illegal immigrants cast ballots.And Claims that this measure requires government-issued photo identification now those extreme policies have been spreading and are being pushed are MISLEADING; this requirement is absent from the amendment. as close as Santa Ana. Federal law already requires accessibility at all polling places for This Charter Amendment Measure would permanently protect the those with disabilities, making additional ADA-compliant locations REDUNDANT.The proposed monitoring of ballot drop boxes Is a form election process in Huntington Beach by requiring three things.It would of VOTER INTIMIDATION,creating fear and uncertainty.These items are require voters to provide any government issued photo identification,it all subject to challenge under state and federal law.Again,more of our adds more handicapped accessible polling locations throughout the City money flowing out of the city,spent on needless court costs. so everyone has a polling place nearby,and It requires monitoring of all ballot drop boxes up through Election Day. The argument that San Francisco allows non-citizens to vote in municipal elections is FACTUALLY INCORRECT.Non-citizens are only permitted in Enshrining these simple steps into our City Charter would forever protect school board elections.This misrepresentation reveals the true intent of Huntington Beach's elections.There are no excuses for failing to protect Measure 1:rooted in FEAR and DIVISIVENESS,not in enhancing election our votes. security. Please,vote YES on Charter Amendment Measure 1. Using the term "illegal immigrant" is outdated and indicative of the s/Tony Strickland measure's intent—to sow division.Our current election system is secure, Mayor efficient, and cost-effective. There is NO EVIDENCE of voter fraud in Huntington Beach that justifies such a drastic,costly,and risky overhaul. s/Gracey Van Der Mark Mayor Pro Tern For our city's stability, fiscal responsibility, and the integrity of our elections,VOTE NO on Measure 1. s/Dan Kalmick City Council Member s/Natalie Moser City Council Member s/Rhonda Bolton City Council Member • • • i • 40.4.‘.)-14,-.•••\- s -ram s ot 4, ta c, : IV% Q kn.•••...uN••.••Ni ' s-Ou ,,►,ntasoe- so, LI/ 3/943i 11111,0 Ballot Measures-A Section 12 Argument Against Measure A Rebuttal to Argument Against Measure A VOTE NO on Measure 1. Here are the issues every citizen should Opponents of ensuring safe and fair elections in Huntington Beach have understand before casting their vote: exposed just how weak their arguments are. Instead of sticking to the facts,they've resorted to ties and attempts to mislead voters.It makes COSTLY and RISKY:Our city is UNPREPARED for this shift.The Orange you wonder whose side they're on? County Registrar of Voters implied Huntington Beach may have to manage its OWN separate elections.With NO prior experience,this could The truth is the Registrar of Voters has made NO such comments about become a logistical NIGHTMARE. the future of governing elections in Huntington Beach. Not a word on cost.Not a word on managing our own elections.Not a word,period. LEGAL CONCERNS:California's Attorney General and Secretary of State have ALERTED Huntington Beach that this measure could be UNLAWFUL. The opponents of Voter ID are simply making this up,shamefully lying to This uncertainty poses legal and financial RISKS for our city. Huntington Beach voters.The best they can do is cite that the Bay Area liberal Attorney General disagrees with us is in itself incredibly telling. UNCERTAIN COSTS:With the rush to put this on the ballot, very little Of course he disagrees;he's someone who has long advocated letting financial analysis was completed. The financial implications remain felons vote! UNKNOWN. The potential for costs running into the MILLIONS looms large.Is a move away from our current RELIABLE and economical system Instead of protecting our elections from potential fraud,would opponents worth this? rather we follow Bonta's lead and let felons vote in Huntington Beach? AMBIGUOUS TERMS: The term "voter identification" is GLARINGLY Another way to tell that opponents have nothing is all the equivocation undefined in this measure.Such vagueness is a DANGEROUS precedent they display: "Implied," "may have to," "could become," "could be," and could COMPROMISE our citizens'constitutional right to vote. "potential," "could compromise." These are all just ways of avoiding POLITICAL MANEUVERING:Mayor Tony Strickland's recent arrival and making any concrete arguments against Voter ID. quick push for this change raises eyebrows.Is this truly for the betterment The truth is that voters in Huntington Beach deserve to know,without of Huntington Beach,or a POLITICAL PLAY? question,that their elections are secure.And that is what Measure 1 is about. WHY FIX WHAT ISN'T BROKEN?:There has been NO evidence of voter fraud presented to justify this drastic shift. Our current system is SECURE Please join Mayor Tony Strickland,Mayor Pro-Tern Gracey Van Der Mark, and PROVEN.Why fix what's NOT BROKEN? Councilmember Casey McKeon, Councilmember Pat Burns, and City WASTEFUL SPENDING:The Council Majority has already SPENT nearly Attorney Michael Gates in supporting Voter ID for Huntington Beach. $500,000 just to place this measure on the ballot. Is it WORTH further More information,please visit:www.yesonhbcharter.com uncertain costs? s/Tony Strickland For the sake of Huntington Beach's STABILITY and FISCAL RESPONSIBILITY, Mayor VOTE NO on Measure 1. s/Gracey Van Der Mark s/Dan Kalmick Mayor Pro Tern City Council Member s/Natalie Moser City Council Member s/Rhonda Bolton City Council Member ,0111166,asso, • • i 1 /l • C i �`"� r 1, �• ti 9 •• v +•�,� •••.••...� ...••4%+ � %,•0Ugpy Grow joy. Section Ballot Measures- B 12 B City of Huntington Beach, Charter Amendment Measure No. 2 Shall proposed Charter Amendment No.2,which provides that the only flags to be displayed by the City on City property are the United States Flag,the 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? What your vote means YES NO A"yes"vote on this measure would add new Section 806 A "no"vote on this measure would not add new Section to the Charter. 806. For and against FOR AGAINST Tony Strickland Dan Kalmick Mayor City Council Member Gracey Van Der Mark Natalie Moser Mayor Pro Tern City Council Member Pat Burns Rhonda Bolton City Council Member City Council Member Casey McKeon City Council Member *s ,�OR OF(� ••, ♦♦ ••. •• n % : ���.. ; • • • • n•••� • • ••••,OUNT 'PY„ 14/0)-3/a9d- Section 111110 Ballot Measures- B 12 Full Text of Measure B City of Huntington Beach EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETIIR000II 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 followina flaas:the American flag, the POW/MIA flag,the State of California flan,the Huntington Beach City flan,the County of Orange flag,or any of the flans 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. Impartial Analysis City of Huntington Beach Measure B CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE 2 This proposed Charter amendment,if adopted,would amend the City Charter by adding new Section 806 related to the City's display of flags on City property,to read as follows: "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." The proposed Charter amendment is nearly identical to current law set forth in Huntington Reach Municipal Code Section 13.07.010,with new language included in the ballot measure about the display of the official Olympic flags,and the display any other flag in addition to those already enumerated if authorized by a unanimous vote of all members of the City Council. A"yes"vote on this measure would add new Section 806 to the Charter.A"no"vote on this measure would not add new Section 806. This measure was placed on the ballot by the City Council. .01aU.Uf'arsag "st`"\C RAR OF k so,� k, .• . .OT *i • .CP •• :•• - S•p •••. : * • I- \ i 7t •O : j 1 • Q: : . �4 .•9•�,..••• •• p4• /a-3/act7)E-1 Ballot Measures- B Section 12 Argument in Favor of Measure B Rebuttal to Argument in Favor of Measure B Huntington Beach is an American city within the United States of America VOTE NO on Measure 2.The proponents of Measure 2 present a narrow where all citizens are equally represented first and foremost under and exclusive view of representation that does not reflect the diverse our government flag, the American flag. There is no other flag that fabric of Huntington Beach.Let's examine the facts: represents unity and equality more than our American flag,favoring no • EQUAL REPRESENTATION? The claim that the American Flag other persons or groups over others. Supporting this flag In Huntington Beach are our other government flags of the POW/MIA, the State of represents all citizens equally is a flawed notion. The LGBTQ+ California,the County of Orange,the City of Huntington Beach,and,those community's fight for basic rights, the Civil Rights movement, of our military branches,Army, Navy, Marines,Air Force, Coast Guards, ongoing efforts for gender and racial equality are part of our and Space Force. We propose that the only flags to fly or be displayed at nation's journey towards inclusivity.The American Flag symbolizes Huntington Beach City Civic Center and City of Huntington Beach owned a nation striving towards a more perfect union. poles and/or properties,with the exception of the Olympic flag,be the • POW/MIA FLAG — A COMMEMORATIVE SYMBOL: The POW/ American,POW/MIA,the State of California,the County of Orange,the MIA flag,white deeply significant, is not a government flag. It's City of Huntington Beach,and,those of our military branches,Army,Navy, a commemorative symbol, representing a specific group. The Marines,Air Force,Coast Guards,and Space Force. (Other flags may be current Council's acceptance of this flag,while excluding others, flown but only with unanimous support of the City of Huntington Beach reveals a selective approach that contradicts their own argument. City Council.) • CULTURAL REPRESENTATION SUPPRESSED: The recent Vote YES on this charter amendment. incident at Oakview Library,where a child's display for Mexican s/Tony Strickland Heritage Month was removed due to this restrictive policy, is a Mayor glaring example of how this measure stifles cultural expression and education in our community. s/Gracey Van Der Mark Mayor Pro TernIncorporating such exclusionary language into our City Charter is not reflective of the inclusive,vibrant spirit of Huntington Beach.This measure s/Pat Burns not only undermines our city's identity as Surf City USA but also alienates City Council Member residents who do not feel represented by the selected flags. s/Casey McKeon Measure 2 is more than just about flags;it's about enshrining a narrow City Council Member viewpoint into our foundational document. VOTE NO on Measure 2—for a Huntington Beach that embraces all its citizens. s/Dan Kalmick City Council Member s/Natalie Moser City Council Member s/Rhonda Bolton City Council Member aaaaau a.aN���� ♦♦♦,' SiRAR OF ,,4, �♦ • ~16V •'� •i i r fi V • s • * ✓♦ : i\ : * • • 4% , ¢ \j •.••....•.• 1 • Ars 103 f a i� Ballot Measures- B Section i 12 Argument Against Measure B Rebuttal to Argument Against Measure B VOTE NO on Measure 2. Measure 2 is not complicated, Government flags only placed on City of Huntington Beach government poles and/or displayed on City of Let's not diminish the significance of our City's"Constitution"by making Huntington Beach government property. Vote YES on Measure 2. Our it all about...flags. government flags are symbols that say we are all equal and unified under NO provision in our City Charter requires a unanimous vote.Yet,Measure these flags. No person or group is held above or below in importance 2, centered merely on flags, seeks to be the FIRST to demand such than another. No person or group is to be favored or is to be discriminated unanimous consent.How does it make sense that a mere policy on flags against. There Is a saying associated to MLK;We can live together as would necessitate such a rigorous voting process,when more vital issues brothers and sisters or die apart as fools. (Martin Luther King said:"We don't? must learn to live together as brothers or perish as fools") Vote YES on Measure 2. This charter amendment already exists as an ordinance-one that's been modified multiple times, showcasing its lack of clarity and foresight. True inclusion represents everyone equally as an American,a resident of Originally, it didn't even permit the display of the Olympic flag.Should California,a resident of Huntington Beach and of course pays homage to Huntington Reach he privileged to host Olympic events in 2028,wouldn't the Veterans who have paid the ultimate sacrifice so that we can enjoy this initial oversight have been embarrassing? Now, the City Council the Liberty and Freedom that America provides.Any other flag flown by wants to embed this fluctuating policy into our most foundational the Government,segregates society and elevates a segment of residents document. Flags are symbols of pride and unity, but this amendment over others. These Government flags represent all Huntington Beach seems to perpetuate division. residents equally. Furthermore,the underlying intention is evident.The ordinance,which There is no place for political agendas that divide our community. This is this Charter Amendment is based on, aims to prevent our City from a path forward that is good for all. Vote YES on Measure 2! displaying the Pride Flag.This isn't just about flags;it's about enshrining s/Tony Strickland exclusivity in our City's foundational document.Such a policy misaligns Mayor with the inclusive values of the Olympic spirit and,more importantly,our City's spirit. s/Gracey Van Der Mark Mayor Pro Tem Our City Council should be prioritizing critical matters - public safety, infrastructure upkeep, and ensuring robust City finances. Do we really s/Pat Burns want to divert our focus and energy to flag policies in our City Charter? City Council Member Maintain the dignity of our City's Constitution.VOTE NO on Measure 2. s/Casey McKeon s/Dan Kalmick City Council Member City Council Member s/Natalie Moser City Council Member s/Rhonda Bolton City Council Member ��soN1rlqft%%. ' .� gtRAR OF II0'1# 19 • f i,o;Nts 7 : • • - f:- h +�� •p* tw ,f'�N1,yI A�i� ATTACHMENT 7 Copies of Arguments and Rebuttals - Charter Amendment No. 1 (Measure A) ARGUMENT IN FAVOR OF CHARTER AMENDMENT MEASURE 1 Huntington Beach voters deserve the right to know that our elections are secure. It is crucial for our democracy that voters have faith in our election results. That trust in the outcome of elections comes into question when we can't always be certain who is voting. California's Constitution gives Charter Cities like Huntington Beach the power to govern how local elections are conducted. Some cities, like San Francisco, have used that power to let illegal immigrants cast ballots. And now those extreme policies have been spreading and are being pushed as close as Santa Ana. This Charter Amendment Measure would permanently protect the election process in Huntington Beach by requiring three things. It would require voters to provide any government issued photo identification, it adds more handicapped accessible polling locations throughout the City so everyone has a polling place nearby, and it requires monitoring of all ballot drop boxes up through Election Day. Enshrining these simple steps into our City Charter would forever protect Huntington Beach's elections. There are no excuses for failing to protect our votes. Please, vote YES on Charter Amendment Measure 1. "The undersigned author(s) of the Direct Argument in favor of Charter Amendment Measure 1 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." Signed: Date: Tony Slickland, Mayor Signed: Date: / Gracey an Der Mark, Mayor Pro Tem • d 1 w I declare,under penalty of perjury,that I am employed I ) by the City of Huntington Beach,in the Office of the ":c? t� City Clerk and that I posted this public notice on the • r. !�G postin bulletin board at the Civic Center on t 9:30 ,/p.m. r (7 Date �- • fi Signature (� Senior Deputy City CI rk REBUTTAL TO ARGUMENT IN FAVOR OF CHARTER AMENDMENT MEASURE 1 Our elections are ALREADY SECURE, overseen by the award-winning, ISO-certified Orange County Registrar of Voters. Measure 1 misleads voters, threatening this security by potentially forcing Huntington Beach to conduct its own elections, a task for which the city is UNPREPARED and LACKS INFRASTRUCTURE. This could cost millions, an unnecessary financial burden. Claims that this measure requires government-issued photo identification are MISLEADING; this requirement is absent from the amendment. Federal law already requires accessibility at all polling places for those with disabilities, making additional ADA-compliant locations REDUNDANT. The proposed monitoring of ballot drop boxes is a form of VOTER INTIMIDATION, creating fear and uncertainty. These items are all subject to challenge under state and federal law. Again, more of our money flowing out of the city, spent on needless court costs. The argument that San Francisco allows non-citizens to vote in municipal elections is FACTUALLY INCORRECT. Non-citizens are only permitted in school board elections. This misrepresentation reveals the true intent of Measure 1: rooted in FEAR and DIVISIVENESS, not in enhancing election security. Using the term "illegal immigrant" is outdated and indicative of the measure's intent—to sow division. Our current election system is secure, efficient, and cost-effective. There is NO EVIDENCE of voter fraud in Huntington Beach that justifies such a drastic, costly, and risky overhaul. For our city's stability, fiscal responsibility, and the integrity of our elections, VOTE NO on Measure 1. "The undersigned author(s)of the rebuttal to argument in favor of Charter Amendment Measure 1 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." Signed: .�-�� �- Date: 1t 11312024 a� D ou it Member Signed; Date: It f 13 / 2-3 Nit,. f'�Y :�Moser, City Council Member I Z� Signed: —� .1--' u\`---- Date: tit 1o1 1.<Th Rhonda Bolton, City Council Member I declare,under penalty of perjury,that I am employed by the City of Huntington Beach,In the Office of the City Clerk and that I posted this public notice on the (b he/,7 ..posting bulletin board at the Civic Center on/, , at /p.m. Date /I Signature Senior Deputy City CI rk ARGUMENT AGAINST CHARTER AMENDMENT MEASURE 1 VOTE NO on Measure 1. Here are the issues every citizen should understand before casting their vote: COSTLY and RISKY: Our city is UNPREPARED for this shift. The Orange County Registrar of Voters implied Huntington Beach may have to manage its OWN separate elections. With NO prior experience, this could become a logistical NIGHTMARE. LEGAL CONCERNS: California's Attorney General and Secretary of State have ALERTED Huntington Beach that this measure could be UNLAWFUL. This uncertainty poses legal and financial RISKS for our city. UNCERTAIN COSTS: With the rush to put this on the ballot, very little financial analysis was completed. The financial implications remain UNKNOWN. The potential for costs running into the MILLIONS looms large. Is a move away from our current RELIABLE and economical system worth this? AMBIGUOUS TERMS: The term "voter identification" is GLARINGLY undefined in this measure. Such vagueness is a DANGEROUS precedent and could COMPROMISE our citizens' constitutional right to vote. POLITICAL MANEUVERING: Mayor Tony Strickland's recent arrival and quick push for this change raises eyebrows. Is this truly for the betterment of Huntington Beach, or a POLITICAL PLAY? WHY FIX WHAT ISN'T BROKEN?: There has been NO evidence of voter fraud presented to justify this drastic shift. Our current system is SECURE and PROVEN. Why fix what's NOT BROKEN? WASTEFUL SPENDING: The Council Majority has already SPENT nearly$500,000 just to place this measure on the ballot. Is it WORTH further uncertain costs? For the sake of Huntington Beach's STABILITY and FISCAL RESPONSIBILITY, VOTE NO on Measure 1. "The undersigned author(s)of the Direct Argument against Charter Amendment Measure 1 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." Signed: 7 Date: 16/S//7 an Katrfilr c , ouncilm mber _ s N Signed: (,t 1�.Cl�.l /' L 1 o'Date: ' / is L 7 atalie Moser, Councilmember • Signed: �Nr ` ✓V Date: I ( I 7:0�� -y Rhonda Bolton, Councilmember — I declare,under penalty of perjury,that I am employed by the City of Huntington Beach,in the Office of the Ci C•rk a}d that 1 posted this public notice on the �., at posting bulletin board at the Civic Center on /i ./ :. =t Date Aar./- Signature Se for Deputy City Clerk • REBUTTAL TO ARGUMENT AGAINST CHARTER AMENDMENT MEASURE 1 2023 'L.; Opponents of ensuring safe and fair elections in Huntington Beach have exposed just how weak their arguments are. Instead of sticking to the facts, they've resorted to lies and attempts to mislead voters. It makes you wonder whose side they're on? The truth is the Registrar of Voters has made NO such comments about the future of governing elections in Huntington Beach. Not a word on cost. Not a word on managing our own elections. Not a word, period. The opponents of Voter ID are simply making this up, shamefully lying to Huntington Beach voters. The best they can do is cite that the Bay Area liberal Attorney General disagrees with us is in itself incredibly telling. Of course he disagrees; he's someone who has long advocated letting felons vote! Instead of protecting our elections from potential fraud, would opponents rather we follow Bonta's lead and let felons vote in Huntington Beach? Another way to tell that opponents have nothing is all the equivocation they display: "Implied," "may have to," "could become," "could be," "potential," "could compromise." These are all just ways of avoiding making any concrete arguments against Voter ID. The truth is that voters in Huntington Beach deserve to know, without question, that their elections are secure. And that is what Measure 1 is about. Please join Mayor Tony Strickland, Mayor Pro-Tem Gracey Van Der Mark, Councilmember Casey McKeon, Councilmember Pat Burns, and City Attorney Michael Gates in supporting Voter ID for Huntington Beach. More information, please visit: www.yesonhbcharter.com "The undersigned author(s) of the rebuttal to argument against Charter Amendment Measure 1 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." Signed: / `1 Date: /( ' 33 Ton trickland, Mayor declar , r penalty of perjury,that I am employed Signed: Date: i y e it on Beach,in the Office of the Gracey an Der Mar , Mayor Pro Tem Lift'cl(rk and tnatl osted this public notice on the C}aisici. posting bulletin board at the Civic Center on at 9:/5 42./p.m. Date Signature (/ Senior Deputy City Clerk ATTACHMENT 8 Copies of Arguments and Rebuttals - Charter Amendment No. 2 (Measure B) ARGUMENT IN FAVOR OF CHARTER AMENDMENT MEASURE 2 Huntington Beach is an American city within the United States of America where all citizens are equally represented first and foremost under our government flag, the American flag. There is no other flag that represents unity and equality more than our American flag, favoring no other persons or groups over others. Supporting this flag in Huntington Beach are our other government flags of the POW/MIA, the State of California, the County of Orange, the City of Huntington Beach, and, those of our military branches, Army, Navy, Marines, Air Force, Coast Guards, and Space Force. We propose that the only flags to fly or be displayed at Huntington Beach City Civic Center and City of Huntington Beach owned poles and/or properties, with the exception of the Olympic flag, be the American, POW/MIA, the State of California, the County of Orange, the City of Huntington Beach, and, those of our military branches, Army, Navy, Marines, Air Force, Coast Guards, and Space Force. (Other flags may be flown but only with unanimous support of the City of Huntington Beach City Council.) Vote YES on this charter amendment. "The undersigned author(s) of the Direct Argument in favor of Charter Amendment Measure 2 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." Signed: / •- Date: ` T Strickland, Mayor Signed: Date: 1U 1 J t 1 2-3 Gracey Van er Mark, Mayor Pro Tern Signed: r -�� Date: 7I,/ (2-0 23 • ti Pat Burns, City Council Member �- l j Signed: Date: // ` /- c�3 `` yy` 1 ) Casey McKeon, City Council Member . -_ • ,- U ,r• I declare,under penalty of perjury,that I am employed n • r� by the City of Huntington Beach,in the Office of the .r- City Clerk and that I posted this public notice on the j2ii rd'' posting bulletin board at the Civic Center on h at - 0 .rr /p.m. Date Signature S nior Deputy City Clerk REBUTTAL TO ARGUMENT IN FAVOR OF CHARTER AMENDMENT MEASURE 2 VOTE NO on Measure 2. The proponents of Measure 2 present a narrow and exclusive view of representation that does not reflect the diverse fabric of Huntington Beach. Let's examine the facts: • EQUAL REPRESENTATION? The claim that the American Flag represents all citizens equally is a flawed notion. The LGBTQ+ community's fight for basic rights, the Civil Rights movement, ongoing efforts for gender and racial equality are part of our nation's journey towards inclusivity. The American Flag symbolizes a nation striving towards a more perfect union. • POW/MIA FLAG — A COMMEMORATIVE SYMBOL: The POW/MIA flag, while deeply significant, is not a government flag. It's a commemorative symbol, representing a specific group. The current Council's acceptance of this flag, while excluding others, reveals a selective approach that contradicts their own argument. • CULTURAL REPRESENTATION SUPPRESSED: The recent incident at Oakview Library, where a child's display for Mexican Heritage Month was removed due to this restrictive policy, is a glaring example of how this measure stifles cultural expression and education in our community. Incorporating such exclusionary language into our City Charter is not reflective of the inclusive, vibrant spirit of Huntington Beach. This measure not only undermines our city's identity as Surf City USA but also alienates residents who do not feel represented by the selected flags. Measure 2 is more than just about flags; it's about enshrining a narrow viewpoint into our foundational document. VOTE NO on Measure 2— for a Huntington Beach that embraces all its citizens. "The undersigned author(s) of the rebuttal to argument in favor of Charter Amendment Measure 2 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." 0 Signed: / Date: ! 13I ZA23 o ncil Member Signed: Date: I I( J ( ;"0 1 3 atal' Moser, City Council M mber Signed: Date: Lt 7-O Z t I JLd,e,U, dIty of perjury,that I am employed Rhonda Bolton, City Council Member by the City of Huntington Beach,in the Office of the City CI rk an that I posted this public notice on the i posting bulletinhoard at the C' is Center o at :/5 6A.m. Date / a Signature Senior Deputy it Clerk ARGUMENT AGAINST CHARTER AMENDMENT MEASURE 2 VOTE NO on Measure 2. Let's not diminish the significance of our City's "Constitution" by making it all about...flags. NO provision in our City Charter requires a unanimous vote. Yet, Measure 2, centered merely on flags, seeks to be the FIRST to demand such unanimous consent. How does it make sense that a mere policy on flags would necessitate such a rigorous voting process, when more vital issues don't? This charter amendment already exists as an ordinance-one that's been modified multiple times, showcasing its lack of clarity and foresight. Originally, it didn't even permit the display of the Olympic flag. Should Huntington Beach be privileged to host Olympic events in 2028, wouldn't this initial oversight have been embarrassing? Now, the City Council wants to embed this fluctuating policy into our most foundational document. Flags are symbols of pride and unity, but this amendment seems to perpetuate division. Furthermore, the underlying intention is evident. The ordinance, which this Charter Amendment is based on, aims to prevent our City from displaying the Pride Flag. This isn't just about flags; it's about enshrining exclusivity in our City's foundational document. Such a policy misaligns with the inclusive values of the Olympic spirit and, more importantly, our City's spirit. Our City Council should be prioritizing critical matters- public safety, infrastructure upkeep, and ensuring robust City finances. Do we really want to divert our focus and energy to flag policies in our City Charter? Maintain the dignity of our City's Constitution. VOTE NO on Measure 2. "The undersigned author(s)of the Direct Argument against Charter Amendment Measure 2 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." Signed: / ��--- � Date: �� l /2,0i3 eunci er -i -f Signed:` A ua( Date: ', Na Moser, Councilmember , :.s t � Signed: U1 1�t� ),� it Date: L . Z.a,2„ .y of perjury,that I am employed Rhonda Bolton, Councilmember by the City of Huntington Beach,in the Office of the Cit Clerk and that I posted this public notice on the SlG/>✓ posting bulletin board at the Civic Center onI,177cc��c3day at 9.3° ./p.m. :te ' 7,./1- Senior Deputy City Clerk REBUTTAL TO ARGUMENT AGAINST CHARTER AMENDMENT MEASURE 2 Measure 2 itinot,complicated, Government flags only placed on City of Huntington Beach government poles and/or displayed on City of Huntington Beach government property. Vote YES on Measure 2. Our government flags are symbols that say we are all equal and unified under these flags. No person or group is held above or below in importance than another. No person or group is to be favored or is to be discriminated against. There is a saying associated to MLK; We can live together as brothers and sisters or die apart as fools, (Martin Luther King said: "We must learn to live together as brothers or perish as fools.") Vote YES on Measure 2. True inclusion represents everyone equally as an American, a resident of California, a resident of Huntington Beach and of course pays homage to the Veterans who have paid the ultimate sacrifice so that we can enjoy the Liberty and Freedom that America provides. Any other flag flown by the Government, segregates society and elevates a segment of residents over others. These Government flags represent all Huntington Beach residents equally. There is no place for political agendas that divide our community. This is a path forward that is good for all. Vote YES on Measure 2! "The undersigned author(s) of the rebuttal to argument against Charter Amendment Measure 2 at the Special Primary Election for the City of Huntington Beach to be held on March 5, 2024, hereby states that such argument is true and correct to the best of their knowledge and belief." Signed: /,,. Date: 1/' f3. 2 3 Ton rickland, Mayor Signed: Date: ( ) ` t )'Z 23 Gracey Van Der Mark, Mayor Pro Tern Signed: Date: ar/,1/rzid,Z� Pat Burns, City Cou9cil Member • Signed: —"'Y Date: Casey McKeon, City Council Member I declare,under penalty of perjury,that I am employed by the City of Huntington Beach,in the Office of the City Clerk and�/ that I posted this public notice on the n f/� .side, posting bulletin board at the Civic Center on at 9./5-- 6/p.m. Date i Signature Serjor Deputy City Cle ATTACHMENT 9 Proof of Publications of Notice of Election (English, Spanish, Korean, Vietnamese) ",n,"ii..► l�%��NjINGTpy,.. City of Huntington Beach 1�` = -' 2000 Main Street ♦ Huntington Beach, CA 92648 1 (714) 536-5227 • www.huntingtonbeachca.gov �•`c •• ;:\�or/ii Office of the City Clerk C��NTY•CP//�� Robin Estanislau, City Clerk NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that a Special Primary Election will be held in the City of Huntington Beach on Tuesday, March 5, 2024, for the following Measures: "Shall proposed Charter Amendment No. 1, which provides that YES commencing in 2026, for all municipal elections, the City: may require Voter Identification for elections; provide more in-person voting NO locations; and monitor ballot drop-boxes, be approved?" "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United YES 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?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026, YES require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, NO pronouns, and titles be approved?" The polls (vote centers) in will be open from Saturday, February 24, 2024, through Tuesday, March 5, 2024 (hours vary by location). For a complete list of voting locations in Huntington Beach and Orange County, visit the Orange County Registrar of Voters website at https://www.ocvote.cov/votinq. Detailed information on each proposed Charter Amendment Measure is available on the City's Elections webpage at https://www.huntingtonbeachca.qov/covernment/election info/. r� g^ I declare,under penalty of perjury,that I am employed l/O� , - ;,�a-6A— by the City of Huntington Beach,in the Office of the City C erk a d that I posted this public notice on the Robin 61- �stanislau, CMC/City Clerk posting bulletin board at th Civic Center on at/D.'/ a. ./p.m. Dated: February 1, 2024 Date P Sister City: Anjo, Japan Signature enior Deputy City Jerk ,��....�iruc,�� _ City of Huntington Beach • ° ? T 2000 Main Street ♦ Huntington Beach, CA 92648 •. 1P111."1k i 6- 22 • www.huntin tonbeachca. ov t7 4) 53 5 7g g oefll, Office of the City Clerk � Cp g/ Robin Estanislau, City Clerk NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that a Special Primary Election will be held in the City of Huntington Beach on Tuesday, March 5, 2024, for the following Measures: "Shall proposed Charter Amendment No. 1, which provides that YES commencing in 2026, for all municipal elections, the City: may require Voter Identification for elections; provide more in-person voting NO locations; and monitor ballot drop-boxes, be approved?" "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United YES 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?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026, YES require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, NO pronouns, and titles be approved?" The polls (vote centers) in will be open from Saturday, February 24, 2024, through Tuesday, March 5, 2024 (hours vary by location). For a complete list of voting locations in Huntington Beach and Orange County, visit the Orange County Registrar of Voters website at https://www.ocvote.govivotinq. Detailed information on each proposed Charter Amendment Measure is available on the City's Elections webpage at nttas://www.huntinotonbeachca.bov/aovernmentielection info/. dingy' C/rJ� 745424 Robin stanislau, CMC/City Clerk Dated: February 1, 2024 Sister City: Anjo, Japan / INCLUDES TnE FOUNTAIN VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach - City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011642568 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 02/01/2024 Total Amount: $385.04 Payment Amount: $0.00 Amount Due: $385.04 Notice ID: PQ0ZpyadFDQVtJlzxzf7 Invoice Text: NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that a Special Primary Election will be held in the City of Huntington Beach on Tuesday, March 5, 2024,for the following Measures: [https://res.cloudinary.com/dggg2xsfd/image/upload/q_auto:best/enotice- production/documentcloud/notices/1705432548585/cdsacdsaca.jpg]The polls(vote centers) in will be open from Saturday, February 24, 2024, through Tuesday, March 5, 2024(hours vary by location). For a complete list of voting locations in Huntington Beach and Orange County,visit the Orange County Registrar of Voters website at https://www.ocvote.gov/voting. Detailed information on each proposed Charter Amendment Measure is available on the City's Elections webpage at https://www.huntingtonbeachca.gov/government/election_i nfo/. Robin Estanislau, CMC/City Clerk Dated: February 1, 2024 Notice of Special Election - Page 1 of 2 Nvo See Proof on Next Page ��;��� INCLEYVIEWE FOUNTAIN / YALLEYVIEYI Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 714 796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 0210112024 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County,California, on Date: Feb 1, 2024. Signature Notice of Special Election - Page 1 of 2 NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that a Special Primary Election will be held In the City of Huntington Beach on Tuesday,March 5,2024,for the following Measures: 'Shall proposed Charter Amendment No 1,which provides YES that commencing in 2026,for all municipal 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 flagsao 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 NO if authorized by a unanimous vote of the City Council,be approved?' 'Shall proposed Charter Amendment No.3 to: commencing YES in 2026,require the City to adopt a two•year budget;update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy;and amend outdated phrases,syntax;dates,pronouns,and titles be NO approved?" The polls (vote centers) in will be open from Saturday, February 24, 2024, through Tuesday,March 5,2024(hours vary by location). For a complete list of voting locations In Huntington Beach and Orange County,visit the Orange County Registrar of Voters website at httPs:/lwww.ocvote.gov/voting. Detailed information on each proposed Charter Amendment Measure is available on the Clty's Elections webpage at https://www.huntinatonbeachca.nov/ciovernrnent/electlon_infoi. Robin Estanislau,CMC/City Clerk Dated: February 1,2024 Huntington Beach Wave Published:2/1/24 - E Notice of Special Election - Page 2 of 2 ....GfTo2 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov -71 cF•;..., 90,, °:� ��1 Office of the City Clerk CoUNTV•tP /10 Robin Estanislau, City Clerk AVISO DE ELECCION POR LA PRESENTE SE INFORMA de que se hara una Eleccion Primaria Especial en la ciudad de Huntington Beach el martes 5 de marzo de 2024 para las siguientes Medidas: ' Se aprobara la Enmienda N.° 1 a los Estatutos, que establece que a Si partir de 2026, para todas las elecciones municipales, la Ciudad podia exigir la identificacion de votante para las elecciones, habilitara mas lugares de votacion en persona y monitoreara los puntos de entrega de NO votos?" " ,Se aprobara la Enmienda N.° 2 a los Estatutos, que establece que las unicas banderas que la Ciudad debe exhibir en las propiedades de la Si ciudad son la bandera de los Estados Unidos, la bandera del estado de California, la bandera del condado de Orange, la bandera de la ciudad de Huntington Beach, la bandera POW-MIA, las seis banderas de las Fuerzas Armadas, la bandera olimpica durante los Juegos Olimpicos de verano y NO cualquier otra bandera si es autorizada por voto unanime del Concejo Municipal? aprobara la Enmienda N.° 3 a los Estatutos para, a partir de 2026, Si exigir que la Ciudad adopte un presupuesto de dos anos; actualizar los procedimientos para cancelar una reunion ordinaria del Concejo Municipal; actualizar el proceso para cubrir una vacante en el Concejo Municipal y NO modificar frases, sintaxis, fechas, pronombres y titulos obsoletos?" Las urnas (centros de votacion) estaran abiertas desde el sabado 24 de febrero de 2024 hasta el martes 5 de marzo de 2024 (el horario varia segun el lugar). Para obtener una lista completa de los lugares de votacion en Huntington Beach y el condado de Orange, visite el sitio web del Registro Electoral del condado de Orange en https://www.ocvote.qov/votinq. Puede obtener mas informaciOn sobre cada propuesta de enmienda a los Estatutos en la pagina web sobre las elecciones de la ciudad en httr s://www.huntingtonbeachca.gov/government/election info/. I declare,under penalty of perjury,that I am employed by the City of Huntington Beach,in the Office of the City Clerk and that I posted this public notice on the Robi Estanislau, CMC/secretario municipal posting bulletin board at tr,e<Clvic Center on ulsar at /O:/S /p m• Con fecha de: 1 de febrero de 2024 Date Signature Sister City: Anjo, Japan y � p Senior Deputy 1 y Jerk N1 � . '�>, City of Huntington Beach •I; 200o Main Street ♦ Huntington Beach, CA 92648 ' _ (714) 536-5227 ♦ www.huntingtonbeachca.gov It113 ��je. ��w��h Office of the City Clerk C0 UNI .... C�' l/� Robin Estanislau,City Clerk AVISO DE ELECCION POR LA PRESENTE SE INFORMA de que se hara una Eleccion Primaria Especial en la ciudad de Huntington Beach el mantes 5 de marzo de 2024 para las siguientes Medidas: "�Se aprobara la Enmienda N.° 1 a los Estatutos, que establece que a Si partir de 2026, para todas las elecciones municipales, la Ciudad podra exigir la identificacion de votante para las elecciones, habilitara mas lugares de votacion en persona y monitoreara los puntos de entrega de NO votos?" " ,Se aprobara la Enmienda N.° 2 a los Estatutos, que establece que las unicas banderas que la Ciudad debe exhibir en las propiedades de la Si ciudad son la bandera de los Estados Unidos, la bandera del estado de California, la bandera del condado de Orange, la bandera de la ciudad de Huntington Beach, la bandera POW-MIA, las seis banderas de las Fuerzas Armadas, la bandera olimpica durante los Juegos Olimpicos de verano y NO cualquier otra bandera si es autorizada por voto unanime del Concejo Municipal? " ,Se aprobara la Enmienda N.° 3 a los Estatutos para, a partir de 2026, Si exigir que la Ciudad adopte un presupuesto de dos arias; actualizar los procedimientos para cancelar una reunion ordinaria del Concejo Municipal; actualizar el proceso para cubrir una vacante en el Concejo Municipal y NO modificar(rases, sintaxis, fechas, pronombres y titulos obsoletos?" Las urnas (centros de votacion) estaran abiertas desde el sabado 24 de febrero de 2024 hasta el martes 5 de marzo de 2024 (el horario varia segun el lugar). Para obtener una lista completa de los lugares de votacion en Huntington Beach y el condado de Orange, visite el sitio web del Registro Electoral del condado de Orange en https://www.ocvote.gov/votinq. Puede obtener mas informacion sobre cada propuesta de enmienda a los Estatutos en la pagina web sobre las elecciones de la ciudad en httbs://www.huntinctonbeachca.gov/government/eiection info/. f� ry Ud,4:44� �L — Robi Estanislau, CMC/secretario municipal Con fecha de: 1 de febrero de 2024 Sister City: Anjo, Japan PROOF OF PUBLICATION (2015.5C.C.P) LaOpini P.O Box 71847,Los Angeles,CA 90071 Tel:(213)896-2260•Fax:(213)896-2260 STATE OF CALIFORNIA This space is for the County Clerk's filing Stamp I am a citizen of the United States and a resident of the county aforesaid;I am over the age of eighteen years,and not a party to or interested in the above-entitled matter.I am the principal clerk of the printer of La Opinion a Proof of publication: newspaper of general circulation, printed and published daily in the city of Los Angeles,county of Los Angeles,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los AVISO DE ELECCION Angeles,State of California,under the MR LA PRESENTE SE INFORM de que se here una Eleccibn Primeria Especial en la cludad de Huntington Beach el martes 5 de moron de 2024 pare las siguientes Medidas: • date of July 28, 1969,Case Number: 950176;that the notice,of which the °aSe eprobare la Enmlenda N.°1 a los Estatutos,qua establece que a partde SI 2026,pare Codas las eleccones municipales,la Ciudad podri eegir la IdentificeciOn annexed is a printed copy,has been de votante pars las elecciones,habilitate man lugares de votacibn en persona y NO monttoreare ins puntos de enbega de votes?" published in each regular and not in any supplement thereof on the following "LSe aprobare la Enmlenda N°2 a los Estatutos,que establece que las Unitas banderas queda Ciudad debe exhiblr en las propiedades de la cludad son la bandera SI dates,to wit: de los Eatados Unldos,la bandera del estado de California,la bandera del condado de Orange.la benders de la eluded de Huntington Beach,la bandera POW-MIA,las seis banderes de las Fuerzas Armadas,Is bandera olimplca durente los Juegos 011mpicos NO February 01 de Mena y cualquier otra bandana si es autorizada per veto undnlma del Concejo Municipal? 'USe aprobare la Enmlenda N°3 a los Estatutos para,a part de 2026,exlglr que SI la Ciudad adopts un presupuesto de dos altos;actualizar los procedimlentos pare canceler una reunion ordinada del Concep Municipal;actualizar el pieces°pare cubrir una vacuole en el Concejo Municipal y modlficar bases,sintaxis,fechas, NO pronombres y titalos obsoletos?" all in the year 2024 Las ulnas(centros de votacidn)estarin abiertas desde el sibado 24 de febrero de 2024 hasty el marten 5 de mean de 2024(el horado vary wain el luger). Para obtener una lists compieta de los lugares de vertaclbn en Huntington Beach y el condado de Orange,vlstte el aitio web del Registro Electoral del condado de Orange en https-dewwocvnte.govNoting. I certified (or decla red) under penalty Puede obtener mis informacldn sobre coda propuesta de enmienda a los Estatutos en la pUgina web of perjury that the foregoing is true sabre las elecciones de la eluded en https:/Awnv.hun ingtonbeachca gov/govemmentelectlon_info/. and correct. Robin Eatanislau.CMC/secrefariumunicipal Dated at Los Angeles,California,this Con fecha de:1 de febrero de 2024 01 day of February ,2024 Signature AVD fat)Controlled Rev.03/12 An Imp,emedia Company La Opinion \Clasificados Irnpremedia + M Y 'CODE Receipt Ad Proof p Proof Not to Scale Date: 01/19/24 AVISO DE ELECCIOI Account: POR LA PRESENTE SE INFORMA de que SE Especial en la ciudad de Huntington Beach el martes 5 40642 siguientes Medidas: Name: "LSe aprobara la Enmienda N.°1 a los Estatutos,qi Tania Moore partir de 2026,para todas las elecciones municipals' exigir la ior Company: lugares de vote ion en persona y monitoreara ara las lloscput City of Huntington Beach votos?" Telephone: (714)536-5209 "LSe aprobara la Enmienda N.°2 a los Estatutos,quE unicas banderas que la Ciudad debe exhibir en las Email: ciudad son la bandera de los Estados Unidos,la ban, California,la bandera del condado de Orange,la band tania.moore@surfcity-hb.org Huntington Beach,la bandera POW-MIA,las seis band Armadas, la bandera olimpica durante los Juegos OI Ordered By: y cualquier otra bandera si es autorizada por voto un Municipal? ".Se aprobara la Enmienda N.°3 a los Estatutos pan AD Number: exigir que la Ciudad adopte un presupuesto de do los procedimientos pars canceler una reunion ordi 124351 Municipal;actualizar el proceso para cubrir una vacs PO Number: Municipal modificar frases, sintaxis, fechas, pro obsoletosLas urnas(centros de votacion)estaran abiertas desde Start Date: 2024 hasta el martes 5 de marzo de 2024(el horario var una lista complete de los lugares de votacidn en Huntini 02/01/24 Orange,visite el sitio web del Registro Electoral del con httos://www.ocvote.gov/voting. Stop Date: Puede obtener mas information sobre cada 02/01/24 Estatutos en la pagina web sobre las elecciones de la ci https://www.huntingtonbeachca.govigovernmentielectic Ad Taken by: BERUMENR Robin Estanislau,CMC/secretario municipal Con fecha de:1 de febrero de 2024 Sales Person: Rosa Berumen- 109 Phone: (213)896-2260 Email: rosa.berumen@laopinion.com Total Ad Cost: $745.00 Amount Tendered: $745.00 Payment Method: 01/19/24 CC VISA 8520 $745.00 The merchant name on yourcredit card statement will read Impremedia. '•'Please proofread ad for any corrections,or changes before 12:00 PM. Notice to Advertiser: Ad copy should be checked for errors by the advertiser. Credit for Publisher error in advertisements will be allowed for the first insertion only and only for the portion of the advertisement which was incorrect. Error must be reported the first day of publication.Run dates cannot be changed. If date changes are required,ad must be cancelled. CANCELLATION of the classified advertisement prior to the first day of publication is subject to a ONE DAY RATE FEE. Ad must be cancelled within published deadlines. Ad cancellations will be charged at earned rate as ads are not pro-rated. Special programs are subject to flat rate pricing and no refunds will be issued. Ad copy is enlarged for better viewing and is not actual size. La Opinion (213) 891-9191 13 ll , / /{ ?7 ¢k t, % 8 , � ■ ,q \ dk r 1ll / i§ 4 % = E pl. E , '), !aUg r Pi / 4 K 7( m Ua % | ,r\... .....o City of Huntington Beach :n ,- ; �, 2000 Main Street ♦ Huntington Beach, CA 92648 s (714) 536-5227 ♦ www.huntingtonbeachca.gov k �:''•�a.. o� Office of the CityClerk �cF �90_,,. CpuNP( �P �/� Robin Estanislau, City Clerk � 1171 9FLN 0 xt` 20240 3 z 5 zI ". -153_11 Huntington BeachAl oil Al zI al` E UI all d1 ),•_17-I oil Al EFT` d21o11 EH oF oFLH°,LIEF. "20261c1TE1 XiaF �171O11 °1.01AI` L17-I TIoH - XF all Ci x11 0°FBI, T of 4A16F:1- o°I z ��z T ° - -r-o1-41 of 7I1 k 14 z x110-610I oFLI "Al i-1Prx1011 A17F 71I c IR-1 z 8F 7.•VTS1" nl 71, z zI LI OF T 71, Orange 7F`El, Huntington Beach Al ?l z, L1 off ..-z o XF(Prisoner of 011 War/Missing in Action, POW-MIA) 2,J z, 0L1.1 4121 3J z, 61-71I Q of I1 7I 7_1- o°F°1 2 ii 1 ,Jl J Al°Is17F o°ltI 71E1- ?!1'01010[ ±1 F.I 0FLI� „ 711of°F2QzX11?i HO4dLl7)F?„ „2026`�TEI Al F01 Alail20?F21 all i xK-L161 g 71 01 all Al 111 112Iz ' of°F2, A12111 xHT71 TI�H z Fz eE1101 61[31, -;Al EH z7;F, EHoAF x11Q1-g- OFLIS o1oFt. 71-1 of°F 3s.z X1l± Fl(4 d Ll))F?„ T om(-Ei- )11EI) 2024`.1 2 24z _t_SVT-E1 20241E1 3-N 5z1 QF2 VFT1 T o O ti l to LI EF(L o Al LF o 0��011 «FzF EF o). Huntington Beach Orange 7F L EI2I `1 11 *R. *4-1-E- OI-Fe1El Orange -iri-I2F £F2i-q(Registrar of Voters) di AI-0 1___(httos://www.ocvote.ciovivotincOg aF ii Al Q. Xil of 711 ai ?Fail �171 �1401 I(https://www.huntingtonbeachca.00v/government/electigraedit 1 1e446- i ury,that I am employed oI d LI CF by the City of Huntington Beach,in the Office of the Citylerk nd that I posted this public notice on the 71��7� � Ili posting bulletin b and at t /p Center on 5 at �� ./p.m. Robi Estanislau, CMC/A1 A171 Date a 2024 E1 2 1 z Signature Sister City: Anjo, Japan Senior Deputy City Clerk { 0����s,vING (, _ City of Huntington Beach Il'I�� 200o Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov I�� Office of the City Clerk �Fc��NTY �P 0 Robin Estanislau, City Clerk .......... j39 ofLH oXI L 2024 11 3- 5z sFg Huntington BeachAl°ilAl zEl L z 01Idl L171011A1 EFT-L ?i0ll EH J caFLHillLIEF. "20261- 1-EiAIBSI74` XIa `171011 °'01Al Li715 �r 011 ITuOZo 2--Tcg x — z11-g tg aI, E �F� 74AIo12 o°1 z gz 4 71.1 ai2k 1s z X1l2k H°F OFLI tf LI 7/F?" "Al i--xIo1l AI7F 7114V 6F Ida al LI°F Orange 7F11-El, Huntington Beach Al ?a, L1g -zI o AF(Prisoner of 0�1 War/Missing in Action, POW-MIA) ?z, °i�1 4°I �:z, °F711 z � 7I?_1- o°E°I z Via' AI2IQ17F D .1 o°1oE 71EF 3,1 Ira°I(31° LtcF� 0FL19 o1oF 212 z XI1(ill'0F LLI7JF7" °2026��--; E1 Al4tF01 A10112r�±21 71 Gil A12111 s121z o161-2, 11°11I o)-`� xHT71 1E11°IE8F13I, .AIE[1;' 7CCI", EHgAF To1oM oFLj Tl o18F` 5iT=1- 7H ttLI7)F?„ A,11 E1)L 2024�1 2 24 .t.g z T E1 2024`1 3 5 z 4Fg o�71FA1 o LI EF(`o Al?F o °doll «FzF chg.). Huntington Beach Orange 7F L EI2I L1 1I g--I-°1 oF2l°t Orange 7F$EI 191-LI Xi- `FE q-(Registrar of Voters) T73 AF°1 e(https://www.ocvote.gov/voting)z �11°F€1 'HtLiCt ?f°11 EHoI AFA1l k o -` AI L171 gll11°I I(https://www.huntingtonbeachca.gov/government/election info/)OIl)1 Pit' T °I LI CI-. Robi Estanislau, CMC/AI A17I 2024`1 2- 1 z Sister City: Anjo, Japan City of Huntington Beach sY 2000 Math Street•Huntington(teach,CA 92648 • ' (714)536.5227•www.huntingtonbeachca.gov <LI {i?lili> g axib 20240 3g Af2V Huntington Beach Al 4)11A1 Velb ` oa81 ctL it12101 cfj V act. •�o -7E1 ,eE xitt ?2P1 Al IPII nJI egbE al WFt ciP *BEL+Itlxf el,4i#t> iitAlafl Ig& 41 f lsll 7IPSVINIValeloreltinir aELt2 al&nxiotAPI Mt:l (IR 'i W1 t-lot* aartwe 'WEL Huntington Beach Al AVt, mg-Vext(Prisoner of War/Missing In °I A[tbn,POW-4) oV 7112,1 sI U fitful'RI iseal i?r21 1 'Agt AI21§17I velng 7I4 Mololot t Mt eta%+ a'42 2 ;Ritmotigunl` 2026 i Alatelol A ollthl AlgtaM4 Wia 1171g4! qI A104 1121 Wats4 Vitista ZAIE Ailivt Mei If grilolEstet qA101421 WO,W 1,QM 54 T 6154 4L1L+4#1£0E1 2024'12'ZI24 OAWEI 202d+8 3111%(cI) lXI &.lc#.($SIAlZ1c poi Oaf 45)Huntington Bomb LA Conga Preelei @ ^sTig twitoiti craw FRE/gm vamtesosterofVoters)"Aiomur lutes:thvyw.ocvote.govMtingia itt t JAls.mee et Cl t 2FS tl2toi ititt xt ' ' Al'1'11211Olx1 MOS:il; nw.hont g rnbexhca govlllovenynesnielad nilohoM1 gt itt 4 YJ1Cf. } Robin EstanI bu.MC/Al 1171 WV; 20240 2%11B Asst.Director Director THE KOREA TIMES L.A.,INC. Request for Advertising IiI 3731 Wilshire Blvd., 10th Floor, L.A.,CA 90010 Tel:323-692-2000 Fax:323-692-2111,2081 Acct.* I/O rt Ad Type Y Contract Date i • �,h p— • oZ LAC rti-o 9e 2 ` Inv.No. B� Color Business Type ..) 7k7_ Size v Times p Unit Price n Amount It, Agenry/Advertise t_, 4 Hum� A H Discount Contact Person�—C�// e Title wt/ Net Price 1 a M1 04914e- Address Paid Balance Due Date Tel � Fax Method of Payment(Circle) n '"iL, kb , 61 M/0 Cash Check Card e-mail Card No. . 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Ira/1 The Korea Times Angeles Representatives rtiser/Agency Re e A18 8E!R&IN O. 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City of Huntington Beach s d 0 2000 Main Street•Huntington Beach,CA 92648 (714)536.5227•www.huntingconbeachca.gov \ L.A O I ` <)712161#210E1t20241 32i5gI*I8g1 Huntington&Mh71474 w LA BARBER SHOP 2)211°121 090110011.1 gift 04104 082144144. Q11UltBt. 9131210E9011LA01212101412)41421112101-14. 471E RE E01l 22124 4012,211122104220 21101M01-Ic1. •20261341 71741E 2..x151:1 109 9101 Nt 2171f 4101094)319)12 4 . 124114VA41NE1214H99fat80WL Ulm 2N1a42821f •/111� � `�wet gF 81i 4 91214'd044 NV 7102114414410W4 L12I? 0 ,/c11jge4*IA RN!716 'Al±44x101AI7)7Mt01800021r2 010 471 9212040)4471072417 - 46 MIN*NM 3)$f4 Hu10npton eaimN?.IW.i912g-9!'§x)l➢tua,erdwxlMktinYO a "'0I ,1.115c&tino1f140ta C Acornrow-604921, 31714430160}41411271Z1*0424f£101 :`�gA�,C +a '7���oi7t 02191N°1217t21794)0142�171E199t01W04010n*WPM 712i4) 0942 1'4. c BEOIWAt 2af 7200111421r \ „ 1 •2026340 Al2t2101 A19 01C11 2062104812184182.0211E y •„j uL.N. .: .{ . A10110°4H2O)24WILWe}:AI210000 1171411WI [ ,. �,, Y Wg01E6101.4AICOM E4.,W.Wt.40421144f 4744K/1 4N14 ,y 1 1 r 99144t22)7191290212)0$l411 oir - 1, r f2a(gat!H)t20240211241(€)ilea202403b511(g64xlE&9Ll4.(28)49E 4 �', 'f124424414 Huntingt0nBeach 2 Orange 08E1E122122±Wit 14101211Oran. 00E1 a410 82twawa,ofvoters)$AroIE(0nar)Mmw.onates07haral Y109.fIA12.40 9or6eJ71'814101UE71+9C1*3REAI01710001xl (hops'Umsw.hotogtmbeuhapv424..),4414444)141/0171 WM 4214Ln t Robin Enan"s1au,cut(Al WI 213.434.0506 ..40.:gi-ggsc4 8:30am-6pm 20240 21I1 i 2716 W Olympic Blvd 8 202,L.A.,CA 90006(E1AI:q v) 1. `��N !N�T City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 ' 7 (714) 536-5227 • www.huntingtonbeachca.gov 46. ��'��,+•`•• F ,j 190y P�.•'�coA-ll Office of the City Clerk FCoUNTY,c or Robin Estanislau,City Clerk THONG BAO BAU CO' QUA DAY, CHUNG TO! XIN THONG BAO RANG Cugc bau cCr sa bo dac biet se du'ac to chlxc tai Thanh phO Huntington Beach vao Thu Ba, ngay 5 thong 3 nam 2024 ve cac Du Luat sau: "Tu chinh Hien chu'ang de xuet so 1, trong do quy dinh rang ke tu' CO nam 2026, doi vai tat ca cac cuoc bau Cu' cap thanh phO, Thanh phO: Yeu cau Nhan Bang cCr tri cho cac cuoc bau ct'; cung cap nhieu dia diem bo phieu truc tiep han; va giam sat cac thong dung phieu, co KHONG du'ac chap thuan khong?" "Tu chinh Hien chu'ang de xuet so 2, trong do quy dinh rang cac la ca duy nhat du'ac Thanh phO treo tren tai san dia Thanh phO la Ca CO Hoa Ky, Ca Tieu bang California, Ca cua Quan Cam, Co' cua Thanh phO Huntington Beach, Ca POW-MIA, sau Co' cua Luc lu'ang Vu trang, CO Olympic trong The van hoi Olympic mua he va bat ky ca nao khac neu duac Hoi dong Thanh phO nhat tri cho phep, co du'ac KHONG chap thuan khong?" "Tu chinh Hien chu'ang de xuet so 3 ve viec: KO tu, nam 2026, yeu CO ceu Thanh phO thong qua ngan sach hai nam; cap nhat thu tuc huy cuoc hop Hoi dong thanh phO thu'ang ky; cap nhat quy trinh bo sung vi tri trong cua Hoi dong Thanh phO; va sCra doi cac clam ttx, cu phap, KHONG ngay thang, dai tlx va tieu de loi thai, co duyac chap thuan khong?" Cac phong phieu (trung tam bo phieu) se mo' cira tir ThCr Bay, ngay 24 thong 2 nam 2024 den het Tht:r Ba, ngay 5 thang 3 nam 2024 (gia thay doi toy theo dia diem). De biet danh sach day du cac dia diem bo phieu 6' Huntington Beach va Quan Cam, hay truy cap trang web cCia Ca quan Dang ky CCr tri Quan Orange tai https://www.ocvote.dov/votinq. Thong tin chi tiet ve tixng Tu chinh Hien chu'ang de xuat co san tren trang web Beu cCr cua Thanh phO tai httos://www.huntingtonbeachca.gov/government/election info/. — • ,/� 1 I declare,under penalty of perjury,that I am employed � l/�► -1 aA% by the City of Huntington Beach,in the Office of the c Ci C erk a d that I posted this public notice on the Robin Estanislau, CMC/Thtx ky thanh phO posting bulletin board at the Civic CentNgay: 1 thang 2 nam 2024 Date on at /a,'/S a,':rr/p.m. Sister City: Anjo, Japan signature \---,A,A.r Senior Deputy Cit Clerk �•,/, tiN ...... 01 City of Huntington Beach 1/U �' 2000 Main Street ♦ Huntington Beach, CA 92648 1 (714) 536-5227 • www.huntingtonbeachca.gov Ilk-53 Office of the City Clerk ��601/NTY Robin Estanislau, City Clerk THONG BAO BAU CO' QUA DAY, CHUNG TOI XIN THONG BAO RANG CuQc bau cir sa bQ dac bat se du'gc t6 chUrc tai Thanh pho Huntington Beach vao Thin Ba, ngay 5 thang 3 nam 2024 ve cac Dtx Luat sau: "Tu chinh Hien chu'ang de xuat so 1, trong do quy djnh rang ke tir CO nam 2026, doi v6i tat ca cac cuQc bau cir cap thanh pho, Thanh ph& Yeu cau Nhan Bang cir tri cho cac cugc bau cir; cung cap nhieu dja diem bo phieu trcrc tiep han; va giam sat cac thong d4rng phieu, co KHONG dYrcyc chap thuan khong?" "Tu chinh Hien chtroang de xuat so 2, trong do quy djnh rang cac la c& duy nhat duac Thanh pho treo tren tai san cua Thanh pho la Ca CO Hoa Ky, Ca Tieu bang California, Co cua Quan Cam, Co,cua Thanh pho Huntington Beach, Ca POW-MIA, sau Ca cua Lurc luvng Vu trang, CO, Olympic trong The van hqi Olympic mua he va bat ky c& KHONG nao khac neu du'pc Hqi dong Thanh pho nhat trf cho phep, co du'q�c chap thuan khong?" "Tu chfnh Hien chu'ang de xuat so 3 ve viac: Ke tir nam 2026, yeu CO cau Thanh pho thong qua ngan sach hai nam; cap nhat thu tyc huy cuOc hop Hqi dong thanh pho thu'ang ky; cap nhat quy trinh bo sung vj trf trong cua Hpi dong Thanh pho; va su'a doi cac Cyril tir, cu phap, KHONG ngay thang, dai tir va tieu de Ioi thO'i, co du'c c chap thuan khong?" Cac phong phieu (trung tam bo phieu) se ma cira tir Thin Bay, ngay 24 thong 2 nam 2024 den het Thin Ba, ngay 5 thong 3 nam 2024 (gia thay doi tiny theo dja diem). De biet danh sach day du cac dja diem bo phieu & Huntington Beach va Quan Cam, hay truy cap trang web cua Ca quan Bang ky Cir tri Quan Orange tai https://www.ocvote.gov/votinq. Thong tin chi tiet ve tirng Tu chinh Hien chu'ang de xuat co san tren trang web Bau cir cua Thanh pho tai https/lwww.huntingtonbeachca.qov/governmentielection info/. ' d(- U� A - RoVn Estanislau, CMC/Thu' ky thanh pho Ngay: 1 thang 2 nam 2024 Sister City: Anjo, Japan 1.1.:.... +1." 1.A+.4 1 /m'rr_r r\ I411,41+ NHAT BAO • NIEN GIAM •XDAT BAN NG I OI VIE T DAILY NEWS •YEARBOOK• PUBLISHING AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Nguoi Viet Daily News, a newspaper of general circulation, published seven times weekly in the city of Westminster, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of June 6, 2011, Case No. 30-2010-00423372-PR-OP-CJC, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 01, 2024 "I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Westminster, Orange County, California, on Date: February 02 , 2024 Signature Nguoi Viet Daily News, Inc. 14771 Moran Street Westminster,CA 92683 Phone: (714)892-9414 Fax: (714)894-1381 NCUt�I V1!T 14771 Moran Street,Westminster,CA 92683 Tel:(714)892-9414•Fag:(714)894-1381•Email:to$soanenguol-vletcam•Web Page:www.nguol-vlet.com • A4•tiGt/blYieT-Maitisall ThONam,01 thing 02.2024127(hang Chap nam Quy Mao) Thursday,February 1,2024 T ai O l St( Giam dot FBI:'Hacker'Trung Quec quyet tam tan phi ha tang cd ski Hoa Ky WASHINGTON.DC(NV)-Nhing "Cie ky tan Ong anninh mpg cia Via thing Odp then,ding tyanninh khinhlCudotranghinhsltdrlarabing bag tan Bing mang don loan cia chWs TrungQuicdangchiavao ha tang cosh mpg Mandiant nha bias de'hacker" chingchi tilt. phis Trung Qudc dung tap(rung nhOnt cia HoaKyhingl)pkdhoach tin phava Trung Quac bl ttnh nghi do nha nick "Ngay nay,va their dung nghia den la via dcnhi may*nule,IUd1di(n,he gay rain IrgI vi dirt slog cho cong din vi hau(huanlgldynglb hang hiomat ngay nap cing vay,hp clang Ugh crictin thing giao thing va ha tang cd s6 quan cing slang Hoe Ky,nen hnackhi7rung thing mat till bet bio mat di(n thU ph6 cing an ninh nenkinh tE Tina Kc tiara acing khdc tat Hoa Ky,Clam Die FBI Qudc quyet d)nh da tan Luc Ong kith," bilnnhamthamnhapviumangluriicia gia vie vine dank dip train hi su cat Chris Wray tranh hay vdi do nil lap OngWmy'phat bieu. hang tram I6 chic ding vp va art nhan ti0n,cing AU ilnu ca nhinvhdoanh phap Ha Vi(n vie Thai TO,3l Thang Car birth Juan nay phi hgp vdi danh lien ruin du. nghl(pcia boa Kir Ang Wray nil. Cling.trnng mr)t cOnh cad mat tit gia tO do cing ly an nirth mang ben Ong Wray vet ale vien chic alp can Oy ban Ha Vl(n,do Din Mu Ding Hshingionvithamwing roan du cia ngoai,gbmcdd Microsoft,chobiilvan kink cia Hoa Ky rrrrng nibs nam«Ong Cing HOa Mike Gallagher Mu hang BicKinh,lhco hang thing tan AP. Thing Nam rang"hackcr"Trung Qu6c giting len hi!chuOng ban ding kiting WLscuruinlimchitich,dUpcdrinhiapvio Ong Wray nil ring"ding Chung qua duycnhanurcchanglungnhimvau ha chivEkhanangxam nhapanninh ming nam ngoal vdi nhlem vV Ching fat Thing lalS'IsUdcmiidedpaanninhmanganh tang cd set quart trpngcuaHoaKyvicd cua chfnh phi Trung Qu6c ma can ad Qulfgbitdaubangphiendidutranviagib luting Meting ngrtbiMy;thco bin ghi thi slat nen tingkythaat cho khining quyet tam ciaBacKinh hang tu&cdoat caurflm.ChinhphuTrungQulcchlUkh chdpdcnh)nxetdUQcchuanbj sin ma lam ngatquanglienlac gum trpngRIM nghidncauvekhoahpcvacingnghi(p uybannay,ydudodcthanhvilncbaiy ingserrinhbaytW&Oy Ban Chin Lic boa KyvaA Chautrengdccuickhing tUdcdoanhnghl(pMy.TrungQu6cgni ban"Iopi bd thinh Ian vdhltdtUdngva HyVi(nvidingCingdinTrungQrthc. huangtuunglaL nhang dobalc ddlavO can di ngay IimlysChlln'tlanh Lents."(TTHN) Trump hay Bitten thing Mu la then thuic deg'khti nut trill Cho Trung Quec 7Tep lmrrgAl cia Ong.Ong cing c0 the they dal nU6c cb tang tha Mc Kinh.Cac chfnh each chinh phi oh gib!tinh baring van dm 2017,lac clu van.Khl COVID-t9 day mph them mat cuic thing talc canh tranh va nhan zit dm Trump boa.'Yeti Trump,kiting di Chi'rich Trung Qudc lay Ian t6I Nina Ky.Ong al Chien (hsiung mai van claim Wig cia IIna Ky tren cuing al tang thing al ado tang cho bang giao lip Can Binh vieng thOm gang lam chich Wang chuahehanhi(l lb nhinm vai Trung Quac sing Sun lint cho Ang csi Mtge bini My-'Prong,va Trump dat Tang'Thang'(rump tat nhOngliri chi'rich vicach kytingth0ngcuaang. Chenghao,trash vOOn tan hilu Chian!langun,hay ra nhOng all art va bit sin kin nghi duhng Mar-a- didu hanh truing dal dich "Val Trung Qu6c ma Trung Tam Chien Wired'Trump,ngubi kiln tan teldn,grlmcddkhanang Iagntal Florida vanThang hingdchd6ldichnTrung nil,kdca laaithang(rang An Ninh QuicTEdat hoc dal nude(Trung Qu6c)," bung nit sung slit quan TO rill sau thing sau,bng Qu6c,lam ilk Kinh phis cuicbauca tangthnngMyy Tsinghua University,cho ngpy ring brig Bang glop sir ba Sun nit vet cho biet 'lip tiip din tang thing phan dal kjch lint. dlchangn0a.hp ding Mu b1E(."'Iruhg Qu6c kiting di Bac Kluh. thlm7rungQudcvaonam Hoa Ky tot Bac Klnh vrii Ong Antony Blinken, IA hal'chin thudc dlc;' cal hat ky Uu den nun cho Caa bale gin day tetra 2020 Ling chic chin nha ban do Mc tat TO Cam ngna(truing tiled Ting Ong Zhao Minghao,giao vilcaislgianhchiin thing Trump cho ring Dat Loan dinhdingcilrangTrump Thanh,truck day titng la Thing B1dcn,vao nim athanggiauqulclllotrol trung cuic ban cO tang tube dust nginh cling ca thlcingkfch Dal Loan hoangcung. 2022 gpi Trung Quilt la hpc Fudan University 6 (hang vi Trung Qu6c cd nghi(p sin swat of mach digtanhchtinthingtrong Nhungtrangnam2018, "thach thie tau dui va ThupngHai.chnhlE(. sin kinh nght(m dal ph (chip)la M.dupc col la culctai tranhc0. Ong Trump phit ding nghiem Kong nhaichndn Ngay d khi bang giao vbf d hai ngubi thing hai dau hflu cho tidy Trump, Ong Trump bit Mu cuic Chien thrlung mil cinquicll" ca di thl(n Mbi chit,ding nhl(m kydi." mit thuunggiathucat,c6 nsticcitsai lam vni'1'rung bang deh dip Jut thus cho "Mao den hay miotring thing vanamemcao,dac TrdnmangxahaiTrang the kiting sensing baav( Qu6c khi Ong nhan coat hangnhapcingciaTrung kh6ng quan(rung,mien bi(tla vials de Dal Loan. Quic.nldEunlrah)nhluln hbndiorurrimalacKinh dl(adamchucmbngdriln Quac.TrungQuictddia la mba My till MS la con Cau hai Mat ra,la aO via dating nha ding vi phfa cal la tanh th6 cia Thing thing bad cr1 nam 2016 tit bang thus quan Inn hang moo sau."Ong Miles Yu. dupc Tea Bach Oc,deuce Ong Trump. ngUei ma Qu6c. tang thing Dal Loan,lam hda da My va thud quan giamddctrung tam Trung thE gay ra nhang hai qua hp kiting chi col la mat ill Sun Yun,gum Jac chn chfnh phi Bac Kink ciadhaiben van nhuviy Qu6c let VI(n Hudson, toldnkhOngchi cho hang (boring gin qupit cOrn dot &stungtrinhTrungQunc pun norm clainglytlalt cho tnitanhimnay. neE din tit ciuthogitri giao My-Trungmacbn dal dUicrhia thuan macan la tat Trung Tam Stimsnn ky lien h(chfnh Chic nOo Thai ky COVID-19 danh cia chfnh minds di verihaabinhkhuvyeChiu mit thilucgiyrillamsuy eat trp sbtai Washington, giiaDaiLoanvadcchfnh Ming Ion tat Trung Qudc each Trung Qu6c Ding A-Thi Binh Duung. yluthichidin chi Hoa K9 club cdo vi rtrsh thin din phingnaiqu6c. dm 2020 day bang giao Tieu Binh.khuyinkhfch "Batklailangstbinham vavailrblanhnaotoandu tic till Trung Quic cd the Mal hang giao doting Oa Trump v61 Trung cal dch tit)truing bat kE chic.diOu MS cing kiting cua Hoa Ky vi ypi fch cia man thiin v6i gi6i chic nha quay lret lei dung Qu6c tM nett kiting the h(tU Merngligl.(TTHN) Ten carp 10 cosb kinh doanh a Little Saigon THONG BAO BAU Ct� lank 12 nam to QUA DAY,CHONGTOI KIN THONG BAO RANG CuOc bau cif sa bs)dac TTep lrarrg A2 Mgt tO dugc to chic tatThanh phi Huntington Beach vaoThi Ba,ngay 'fang cing, bl cia Thi Hal sau kill dot thea doArizontrongphientba 5 thing 3 nam 2024 ve sac DULuat sau: Ariznncrtdp 52.480vi hal thuan dm 2023 ME nhan him ThOHaL :s hap(huicla,then mil ban mat ail can Ming van hnat Thim phap lUu y ring Tu chfnh Hhanchuang de xuatsal, khaf cd lu do lit cia FBI sling lhrdn m i ban biciu Arizonlonlintmn Deng d6quydlnh ring ke tirnam Y fi 8 a s l B z026,061vditatcidccuicbin CO lint kedcvpcudp. rich alai,dvungsingde mat gia Jlnh ill ngUcc dal dcapthanh ph6,Thinh phd:Yiu Cull!cing.viola sOt di tiers tug phamlatbaolUc. vachingkiin cal chit cia cia Rhin ding caul cho caccuic thin ddlhl can Arizon din Trung lit ban Chia,hi hal ngubi ban thin cia bau cAcung cap nhldu Ma diOm bb i nha O Corona thing qua do da thOa nhan hanh rf minis khi can la mil thieu ph1Eu tric(lip hart;va glum sat do dali(uvl ldcuadi(n lhoai atip di sin,cdc cing let nien. thing ding phliu,c6 duct chap KH6NG di ding.cing nha down vitnchabidt. 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Lai vet bill nr(nh da lam Beach,CO POW-Mid,tau Cbcaa LVc trang Facebook cua by do Trong khi pea dutang didu nay nen kiting cd tbl Inning go trang,Caolympic taang Arfzan co hic Onh hi do them thbi start nghi ti, ban chap nao al...Nhung Thivan hitOympicmba hevi bat KHONG macdrilc do lengihng het Cac tong t6 viln lien hang nun cho di mot cuhii.Tdt kycaoio khicnau ding HOl ding cia NASA. cing this nhan qua trinh la met ngubi litr(MPL) Thanh ph6 MIST tricho phbp,cb By da da bj kit On him Ian Inn day rat nit cia bi lqd) dog chap titian khbngi' 'fu chinh Olin Chuang dental ad 3 Os*:Ka t0 nam 2026,yeu cao Clrtl thu hung Pakistan Janh them an Minh ph6 thing qua ngansOchhal CO nam;cap nhat the tic My lic hip 14 nam to ngay truatccubicbit]ca. Hal Ong(hanhph6rhubngky;cap nhat quy tdnh bd sung vi tritring 1mng43 cia l(l ding lbinhphd;va seta dal CVu't'hu'1'Usin•Khan, din•da d(i,tarn g dsi al sO Liu dui!rang(hanh tic tleu ym de 1 plop,ci&kcngiy chip KHONG b b 6 6 tiva tiou did lbl thbi,cd dupc chap ma trongnhingngayculi mat vu nham thing van rich hit bd cacvi ctu the: thuan kiting? - da nhilm ky Thu Wing gi6i quan phiet Bang cal !miring hoar chn hp ra hit Mu thich ihtic nen al Pakistan. ria lru6c cOc cuic tuyin COc phbng phliu(Trung tam bb phial)se m6cila tiiThfl Bay,ngay quip phim du Pakistan. '1'O di.nha dm quyin dt neu nha cam quyin 24 thing 2 nam 2024 den hetThnb Ba,ngay 5 thing 3 aim 2024(gl6 di Wool khbi quyin lac bin ra say Man Op manh nghi ring may vi nay c6 they del by theo dja diem).De blet danh such day di cOc dja diem bb qua mot cuic hi phiEu nhring ngUbf Ong hi y Mach thin al the dung phieu et Huntington Beach va Quan Cam,hay truy cap hang web cia hit tin nhi(m vao Thing in Khan tong till ding gang chat cia hp trang Ca quan DEng ky Cer Ire Quail Orange tat https:/lwww.ocvote.gov/ Tat,2022.Ngay bay gib. Tehreek-c-Insaf cua Ong. prang may cal Ira.Hun voting. Ong van con phildhiphi khiinbykhdngthEnaa hai piths badc nha fink Thing tin chi tietvegingTuchinhHienchuangde cult ci sin tran vbi t5 vet kiln kirk Ma ti chic nhang cuic ty din din su trongnuete da Mang Inca trio Mu.Ay tip phindbidupctrong hi bat gib,ridhl kit Onva trangwebBauciciaThanhphitolhttpsJlwww.huntingtonbeachca. vay macutt aged sacs min kill nhidudng cif Wanda hi rudc mit quyin hoot 9ov/government/election_infa du cricket nay van rat Bang bI chi la khang di dingchinls trj,tinh talus dupc ling din.San kit dints kW'trash ci trong Pakistan glanh&tic die ring Khan bibat giant.Mt cuichaucO Qu6c HOlvac lap kheftayDeQuicAnh RobinEstanislau,ay:1th ng2nanhphi nUdc Pakistan trill qua ngay 8 Thing Hai diday. hal nam 1947 cho lel nay. Ngay:(thing2nam2024 nhiEu cuic bib tinh boo Pakistan c6 mit Itch (TTHN) • THONG BAO BAU CcJ QUA DAY, CHONG TOI XIN THONG BAO RANG CuOc bau cif so bQ dac biet se dugc to chitctaiThanh ph6 Huntington Beach vaoThaBa,ngay 5 thang 3 nam 2024 ve cac Dct Luat sau: "Tu chinh Hien chuong de xuat so 1, trong do quy dinh rang kg ti(nam CO • 2026,doi IA tat ca cac cuOc bau • cif cap thanh'pho,Thanh pho:Yeu : du Nhan Bang cii tri cho cac cuOc bau cif;cung cap nhieu dia diem bo - phieu trot tip lion;va giam sat cac KHONG thong dung phieu,co dugc chap . thuan khong?" "Tu chinh Hien chuong de xuat s6 2,trong do quy Binh rang cac la di duy nhat dugcThanh ph6 treo ten CO tai san cuaThanh pho"la Ca Hoa Ky, CaTieu bang California,Ca cua Quan Cam,Car cuaThanh ph6 Huntington Beach,Ca POW-MIA,sau Ca cua Luc lugng Vu trang,Cis Olympic trong TM van hqi Olympic mua he va bat ky ca nao khac neu dugc Hoi dong KHONG Thanh ph6 nMt trf cho phep,co cfugc chap thuan khong?" "Tu chinh Hien chuong de xuat so" 3 ve viec: Ke ti(nam 2026,yeu tau CO Thanh ph6 thong qua ngan sach hai nam;cap nhatthu tuc hay cuOc hop HOi Bong thanh pho thing ky;cap nhat quy trinh bo sung vi trf trong cua Hoi Bong Thanh ph6;va si(a doi cac cym tif,cu phap,ngay thang,dai KHONG tiiva tieu de loi thai,co dugc chap thuan khong?" Cac phdng phieu (trung tam bo phieu) se mar cita tUThCt Bay, ngay 24 thang 2 nam 2024 den het Thu' Ba, ngay 5 thang 3 nam 2024 (gior thay doi toy theo dia diem). De'biet danh sach day du cac dia diem bo phieu a Huntington Beach va Quan Cam, hay truy cap trang web cua Cd quan Sang k9 CO'tri Quan Orange tai https://www.ocvote.gov/ • voting. Thong tin chi tigt ve tUng Tu chinh Hien chudng de xuat co san tren • trang web Bauci cuaThanhphotaihttps://www.huntingtonbeachca. gov/government/election_info/. Robin Estanislau, CMC/Thut kjr thanh pho Ngay: 1 thang 2 nam 2024 ATTACHMENT 10 Resolution No. 2024-12 reciting facts of the March 5, 2024 Special Municipal Election, including Exhibit "A" Certificate of the Registrar of Voters to Result of the Canvass of the Presidential Primary Election Returns • RESOLUTION NO. 2024-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE PRESIDENTIAL PRIMARY ELECTION HELD ON MARCH 5,2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW • WHEREAS, a Special Municipal Election consolidated with the Presidential Primary Election was held and conducted in the City of Huntington Beach,California, on Tuesday, March 5,2024, as required by law; and WHEREAS,notice of the election was given in time, form and manner as provided by law;that Vote Centers were properly established;that election officers were appointed and that in all respects the election was held and conducted and the votes were cast,received and canvassed and the returns made and declared in time,form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS,the County Elections Department canvassed the returns of the election and has certified the results to this City Council,the results are received, attached and made a part hereof as Exhibit"A". NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,CALIFORNIA, DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: • SECTION 1. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure A was 10,489;the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure A was 51,104;making a total of 61,593 ballots cast in the City for Measure A. SECTION 2. That the whole number of Vote Center ballots cast for City of Huntington Beach Measure B was 10,481;the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure B was 51,108;making a total of 61,589 ballots cast in the City for Measure B. SECTION 3. That the whole number of Vote Center ballots cast for City of' Huntington Beach Measure C was 10,323;the whole number of Vote-By-Mail ballots cast for City of Huntington Beach Measure C was 50,148;making a total of 60,471 ballots cast in the City for.Measure C. • • 24-14380/334726 . , RESOLUTION NO. 2024-12 SECTION 4. That the measures presented and voted upon at the election, and their results, are as follows: Measure A—"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 more in-person voting locations; and monitor ballot drop-boxes,be approved?" YES 32,892 . NO 28,701 Measure B—"Shall proposed Charter Amendment No.2,which provides that the only flags to be displayed by the City on City property are the United States Flag,The 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?" YES 35,231 NO 26,358 Measure 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 regular City Council meeting;update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates,pronouns, and titles be approved?" YES 28,314 NO 32,157 SECTION 5. The City Council does declare and determine: That as a result of the election,a majority of voters voting on Measure A, amending the City Charter related to municipal elections,voted in favor of it, and that the Measure passed. . That as a result of the election, a majority of voters voting on Measure B, amending the City Charter related to display of flags,voted in favor of it,and that the Measure passed. That as a result of the election, a majority of voters voting on Measure C, amending the City Charter related to the City budget and other administrative procedures, did not vote in favor of it, and that the Measure failed. SECTION 6. The City Clerk shall enter into the records of the City Council of the City, a statement of the results of the election,showing: (1)the whole number of Vote Center and Vote-By-Mail ballots cast in the City; (2)the measures voted upon; (3)the number of votes given for and against said measures. 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. RESOLUTION NO. 2024-12 PASSED and ADOPTED by the City Council of the City of Huntington Beach at the regular meeting thereof held on theZ4 day of Apri I ,2024. fit AS.:e., a .. .. Mayo REVI WED APP OVED: APPROVED 0 FORM: ,(- --L. (1) K City Manager . y Attorney INITIATED AND APPROVED: cyde-;.. ..J 06 71a-,1.-:€4.)al-e------ 345/a/ City Cler Exhibit"A" -Certificate of Registrar of Voters to Result of the Canvass of the Presidential Primary Election Returns Resolution No. 2024-12 Exhibit "A" CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE PRESIDENTIAL PRIMARY ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) I, Bob Page, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated with the Presidential Primary Election held on March 5, 2024. CITY OF HUNTINGTON BEACH MEASURE A YES 32,892 53.40% NO 28,701 46.60% VOTE CENTER BALLOTS CAST: 10,489 VOTE-BY-MAIL BALLOTS CAST: 51,104 TOTAL BALLOTS CAST: 61,593 MEASURE B YES 35,231 57.20% NO 26,358 42.80% VOTE CENTER BALLOTS CAST: 10,481 VOTE-BY-MAIL BALLOTS CAST: 51,108 TOTAL BALLOTS CAST: 61,589 MEASURE C NO 32,157 53.18% YES 28,314 46.82% VOTE CENTER BALLOTS CAST: 10,323 VOTE-BY-MAIL BALLOTS CAST: 50,148 TOTAL BALLOTS CAST: 60,471 I hereby certify that the number of votes cast for each of the measures is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 22nd day of March, 2024. CERTIFIED STATEMENT OF THE VOTES CAST at the PRESIDENTIAL PRIMARY ELECTION MARCH 5, 2024 in the County of Orange, State of California FILED , 2024 SHIRLEY N. WEBER, SECRETARY OF STATE BY DEPUTY State of California) ss County of Orange) I, Bob Page, Registrar of Voters of Orange County, do hereby certify that the within is a true and correct statement of the votes cast in this county at the Presidential Primary Election, as determined by the canvass of the returns of said election. WITNESS my hand and Official Seal THIS lZr`'''t DAY OF ttAaroh, , 2024 PGIA4--- 11--- VREGISTRAR OF VOTERS �� r 0 0 0 C) 3/22/2024 3:51 PM District Results Report- March 05, 2024 Page 2248 A•City of Huntington Bench• Non•Partison Vote Center Totals to . n a 2 2 5 E0 District a a I- - Z Orange County 132,535 10,714 8.1 7,838 2,651 Orange County 132,535 10,714 8.1 7,838 2,651 47th Congressional Dlstrict 132,535 10,714 8.1 7,83B 2,651 36th Senate District 132,535 10,714 8.1 7,838 2,651 70th Assembly District 10,668 822 7.7 553 242 72nd Assembly District 121,867 9,092 8.1 7,285 2,409 lit Suparvisorlai District 132,535 10,714 8.1 7,838 2.651 Huntington Beach 132,535 10,714 8.1 7,838 2,651 State Board of Equalisation 132,535 10,714 8.1 7,638 2,651 (4th District) 4th District Court of Appeal 132,535 10,714 8.1 7,838 2,651 County Board of Education 132,535 10,714 8.1 7,838 2,651 Trustee Area 2 Coast Community College 132,535 10,714 8.1 7,838 2,651 District Coast Community College 36,636 2,660 7.3 1,978 650 District Trustee Area 1 Coast Community College 78,053 6520 8.4 4,723 1,641 District Trustee Area 3 Coast Community College 17,846 1,534 8.6 1,137 360 District Trustee Area 4 Fountain Valley School District 11,864 931 7.8 694 220 Huntington Beech City School 59,725 5,265 8.8 3,832 1,293 District Huntington Beach City School 12,425 1,051 8.S 773 255 District Trustee Area 1 Huntington Beech City School 11,685 1,068 9.1 748 289 District Trustee Area 2 Huntington Beach City School 11,646 1,034 8.9 759 240 District Trustee Area 3 Huntington Beach Cory School 11,750 971 8.3 698 252 District Trustee Area 4 Huntington Beech City School 12,219 1,141 9.3 854 257 District Trustee Area 5 Ocean View School District 55,441 4,121 7.4 3,007 1,054 Westminster School District 5,310 384 7.2 295 81 Westminster School District 5,310 384 7.2 295 81 Trustee Area S Huntington Beach Union High 132,340 10,701 8.1 7,828 2,648 School District Los Alamitos Unified School 195 13 6.7 10 3 District Los Alamitos Unified School 195 13 6.7 10 3 District Trustee Area 4 Municipal Water District Of 132,535 10,714 8.1 7,838 2.651 Orange County Municipal Water District of 132,535 10,714 8.1 7,838 2,651 Orange County Division 4 Orange County Water District 132,535 10,714 8.1 7,838 2,651 Orange County Water District 132,535 10,714 8.1 7,838 2,651 Division 6 Sunset Beach Sanitary District 607 58 9.6 40 15 Historical 2010-40th 132,535 10,714 8.1 7,838 2.651 Congressional District Historical 2010-34th Senate 61,369 4,582 7.5 3,358 1,157 District Historical 2010.37th Senate 71,166 6,132 8.6 4,480 1,494 District Historical 2010-72nd 64,847 4,871 7.5 3,567 1,228 Assembly District Historical 2010-74th 67,688 5,843 8.6 4,271 1,423 Assembly District Historical 2010-State Board of 132,535 10,714 8.1 7.838 2,651 Equalization(4th District) Historical 2010•2nd 132,535 10,714 8.1 7,838 2,651 Supervlsorlal District 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2249 A Cit,, of Huntington Beach - Non Partisan Vote Center Totals in 0 1.1 Ts is co District cr0 a yt 2 Historical 2010-County board 132,535 10,714 8.1 7,838 2,651 of Education Trustee Area 2 WO Center Totes 132,535 10,714 8.1 1,838 2,651 O N N C7 !6 • • N a O — N �. 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E aS— y « v .. a c—.o. z c z : t a =._d t/ ^ P. .. c N v 2 ." c ." s ." c c .. 8 s «c c Ts.. c w c a• 2 3'J_ s . $ w < g c_ $ m l7 3 o` o` = x o $� $o vo av'o xc xo xo xc x5 xoo 33r xY, 03020` 200` 0`o 1.1 svo i5 i< i7z x1n 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2253 A-City of Huntington Beach Non-Partisan Grand Totals .p 3 O d 2 f 5 O District n b° 1—o ii a Historical 2010-County Board 132,535 63,143 47.6 32892 28701 of Education Trustee Area 2 Vote Cantor Total. 132,535 10,714 &1 7,838 2.651 Vote by hall Totals 132,535 52.A29 39.6 25,054 26,050 Grand Talala 132,53S 63,143 47.6 32,892 28,701 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2256 B•City of Huntington Beach- Non-Partisan Vote Center Totals o a, 2 7 5 E District a a g z0 Orange County 132,535 10714 8.1 7,929 2,552 Orange County 132,535 10,714 &1 7,929 2,552 47th Congressional District 132,535 10,714 8.1 7,929 2,552 36th Senate District 132,535 10,714 8.1 7,929 2,552 70th Assembly District 10,668 822 7.7 581 221 72ndAssemblyDistrict 121,867 9,892 &1 7,348 2,331 1st Super:400al District 132,515 10,714 8.1 7,929 2,552 Huntington Beach 132,535 10,714 8.1 7,929 2,552 State board of Equalization 132,53S 10.714 &1 7,929 2,552 (4th District) 4th District Court of Appeal 132,53S 10,714 81 7,929 2,552 County Board of Education 132,535 10,714 8,1 7,929 2,552 Trustee Area 2 Coast Community College 132,535 10,714 8.1 7,929 2,552 District Coast Community College 36.636 2,660 7.3 1,993 626 District Trustee Area 1 Coast Community Collage 78,053 6,520 8.4 4,789 1,576 District Trustee Area 3 Coast Community College 17,646 1,534 8.6 1,147 350 District Trustee Area 4 Fountain Valley School District 11,864 931 7.8 693 220 Huntington Beach City School 59,725 5,265 8.8 3,875 1,248 District Huntington Beach City School 12,425 1,051 8.5 786 240 District Trustee Area 1 Huntington Beach City School 11,685 1,068 9.1 762 278 District Trustee Area 2 Huntington Beach City School 11,646 1,034 8.9 768 234 District Trustee Area 3 Huntington Beach City School 11,750 971 8.3 693 254 District Trustee Area 4 Huntington Beach City School 12,219 1,141 9.3 866 242 District Trustee Area 5 Ocean View School District 55,441 4,121 7.4 3,056 1,002 Westminster School District 5,310 384 7.2 294 80 Westminster School District 5,310 384 7.2 294 80 Trustee Area 5 Huntington Beach Union High 132,340 10,701 8.1 7,918 2,550 School District tot Alamitos Unified School 195 13 6.7 11 2 District tot Alamitos Unified School 195 13 6.7 11 2 District Trustee Area 4 Municipal Water District 0f 132,535 10,714 8.1 7,929 2,552 Orange County Municipal Water District of 132,535 10,714 8.1 7,929 2,552 Orange County Division 4 Orange County Water District 132,535 10,714 8.1 7,929 2,552 Orange County Water District 132,535 10,714 8.1 7,929 2,552 Division 6 Sunset Beach Sanitary District 607 58 9.6 41 15 Historical 2010-48th 132,535 10,714 8.1 7,929 2,552 Congressional District Historical 2010-34th Senate 61,369 4,582 7.5 3,408 1,099 District Historical 2010-37th Senate 71,166 6,132 8.6 4,521 1,453 District Historical 2010-72nd 64,847 4.871 7.5 3,622 1,168 Assembly District Historical 2010-74th 67,688 5,843 8.6 4,307 1,384 Assembly District Historical 2010-State Board of 132,535 10,714 8.1 7,929 2.552 Equalization(4th District) Historical 2010-2nd 132,535 10,714 8.1 7,929 2,552 Supervisorial District 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2257 B-City of Huntington Beach- Non-Partisan Vote Center Totals g M I 1 ci District a f- I Historical 2010-County Board 132,535 10714 81 7,929 2,552 of Education Trustee Ara 2 Vote Center Totals 13035 10.714 8.1 7,929 2,552 CO N cn d L 'at _M 0 Z 4 uC CL o c L O I !O V A COt or 0eL _ O $ o o `< $ N m a ,., m ry Iv $ o CV ry ,.i w CO m "o ,., �., 'Al c m o .. 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Fx' ./FL4e4s'csov°o80 .: ioiSiSioicx'So334s' " 3o2t' maIaaat2ivo=oi3s<" i< iale, 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2259 B.City of Huntington Beach- Non-Partisan Vote by Mail Totals 2 E > m f c� District 3 2 Historical 2010-County Board 132,535 52,429 39.6 27302 23006 of Education Trustee Area 2 Vote by Mall Totals 132,53S 52,429 39.6 27,302 23,1106 0 t0 N N 4) of CO d G N 22 w O N 4 tti a o c ' s o i Z a V .0y L m 0 m • O N N COr. N r. M CO :2 m O. `^ .IS o m m8. 8 m N N N N •. ^ 8 .n CO a v O. m O v. CO O m N N cr N N N N - a .. N N N N o P P N IV V O N N N N N N N N CON N• .- 0 0 VI 17 ON 7E. vi _et p t o V O O In O n e en co es ne sa en f O a a h a p es es = T N VA SA o .N+�i m 0 a en a r. en N m m m... r. .n n. m .n m .n .n r. n n n .n eV .n r. M n N V SaA 0 03 n n .o A .o r n .o .o a a we al en v : co es O a a a v N r ^ ti r e--' ems.' a ea a a b b (y(,)lnownj A m r r r; N m as a ... a a a es m a a a s a s a a a en en en en o v en VA en A ore so a r a r CO N A r N naM en en ea .a ^ ^ ag r " .o r m . r P. o m m w a a Ise)slops Jagwayy wed e n o o N o v n m o u < sNcui NsN o n n o o o a ec.- 01 ., N . s o N N VInII N i�mpp Gr�pp IA IA N N N .O n 0 asp v. N y .p O P C. O = N VS b .O 0O N M V .fin .O m- M N V. u. N M 8 O O 8 r 7. V Z le P T r' rs 8 01 T uogeijst6ab Agway,'wed �a a a ^ .s ^ ^ M ^ m _ .. ' ^ VI en _ e r 3 e r a a 3 3 8 8 13 1 8 0 . � • a v L .s = T. _ y 2 _ a q o q y CCCC Y � p O y y m Ir1 . V to to . � -.3 < N Feum: .ft 8. u . u 6a. TN. a a N a :' LS 4.vs £ v fi � f . _ 0 G wuE ,: tY : E2 OO :aa = Sco .wA , nQa, o s a o g c ` < 2.� Z'8 H < L< 4< tr iG< L G CZS o 3 3 ' C n u V L N N O o o c ' ` c X a • 1. om $ ,N E Y . 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E. .g c -ecc c_ 3 •$� $� � 03Y0- .a l7 0 00 : ° sr r. el.rav4vovovo8S0,. x3xaxSxoxSxo6334x1. 3o�c33 �o` o' $ce, 3u° ig4aiii7zWi.' 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2261 B-City of Huntington Beach-Non-Partisan Grand Totals .cs 0 _g 2 E 2 2 5 o co District a a.. i- it z Historical 2010-County Board 132,535 63,143 47.6 35231 26356 of Education Trustee Area 2 Vote Center Totals 132,535 10,714 8.1 7,929 2,552 Vote by Mat Totals 132,535 52A29 39.6 27,302 23,806 Grand Totals 132.535 63,143 47.6 35,231 26,358 3/22/2024 3:51 PM District Results Report- March 05,2024 Page 2264 C•City of Huntington Beach Non-Partisan Vote Center Totals O N O A 1 2 o E District si as 1-- >- Z Orange County 132,535 10,714 8.1 6,607 3,716 Orange County 132,535 10,714 8.1 6,607 3,716 47th Congressional District 132,535 10,714 8.1 6,607 3,716 36th Senate District 132,535 10.714 8.1 6,607 3,716 70th Assembly District 10,668 822 7.7 462 319 72nd Assembly District 121,867 9,892 8.1 6,145 3,397 1st Supetvisoriel District 132,535 10,714 8,1 6,607 3,716 Huntington Beach 132,535 10,714 8.1 6,607 3,716 State Board of Equalization 132,535 10,714 8.1 6,607 3,716 (4th District) 4th District Court of Appeal 132535 10,714 8.1 6,607 3,716 County Board of Education 132,535 10,714 8.1 6,607 3,716 Trustee Area 2 Coed Community College 132,535 10,714 8.1 6,607 3,716 District Coast Community College 36,636 2,660 7.3 1,697 889 District Trustee Area 1 Coast Community College 78,053 6,520 8.4 3,962 Z,308 District Trustee Area 3 Coast Community College 17,846 1,534 8.6 948 519 District Trustee Arta 4 Fountain Valley School District 11,864 931 7.8 571 319 Huntington Beach City School S9,725 5,265 8.8 3,246 1,813 District Huntington Beach City School 12,425 1,051 8.5 682 332 District Trustee Area 1 Huntington Beach City School 11,685 1,068 9.1 619 401 District Trustee Area 2 Huntington Beech City School 11,646 1,034 8.9 637 354 District Trustee Area 3 Huntington Beach City School 11,750 971 83 572 360 District Trustee Area 4 Huntington Beach City School 12,219 1,141 9.3 736 366 District Trustee Area S Ocean View School District 55,441 4,121 7A 2,536 1,460 Westminster School District 5,310 384 72 244 121 Westminster School District 5,310 384 72 244 121 Trustee Area S Huntington Beach Union High 132,340 10,701 8.1 6,599 3,713 School District los Alamitos Unified School 195 13 6.7 B 3 District Los Alamitos Unified School 195 13 6.7 8 3 District Trustee Area 4 Municipal Water District Of 132,535 10,714 8.1 6,607 3,716 Orange County Municipal Water District of 132,535 10,714 &1 6,607 3,716 Orange County Division 4 Orange County Water District 132,535 10,714 8.1 6,607 3,716 Orange County Water District 132,535 10,714 8.1 6,607 3,716 Division 6 Sunset Beach Sanitary District 607 58 9.6 39 15 Historical 2010-48th 132,535 10,714 8.1 6,607 3,716 Congressional District Historical 2010.34th Senate 61,369 4,582 7.5 2,829 1,606 District Historical 2010-37thSenate 71,166 6,132 8.6 3,778 2,110 District Historical 2010.72nd 64,847 4,871 7.5 3,011 1,702 Assembly District Historical 2010-74th 67,688 5,843 8.6 3,596 2,014 Assembly District Historical 2010-State Board of 132,535 10,714 8.1 6,607 3,716 Equalization(4th District) Historical 2010-2nd 132,535 10,714 8.1 6,607 3,716 Supervlsorial District 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2265 [-City of Huntington Beach• Non-Partisan Vote Center Totals I g I i a E District 2 1'— V r Z Historical 2010-County Board 132,535 10,714 8.1 6.607 3,716 of Education Trustee Arta 2 Vets Combo Utah 132,535 10.714 8.1 6.607 3,716 c=a T. a—a a g z O S O= C O O 9 2 X O C 2 r O N•^x 5' 0 0 x O S O S 0 x O x O x a n g n O n 2 2-.n +.N 2 M J t, 0 0 to —� - » : » o S: § g >c n» » c c.. r,2 » a = a c »w »o o o 2 g z g: a ^ 3 o a N O 2' t .4 `2 0 =o • o 0 2 Y s o .o o '+ o a i i 4>rs ^3 3' = ^-S '5 S T1 5 '- �,w 3^ .. a • N S s > ; 'y. 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N i .+ ^ , V P o, --a -, m N P T N IP O. e + ^ + + O, .n ^ a 3 o co n • K Q1 • n = O , N O •s A o fir to rD N N CT Q1 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2267 C-City of Huntington Beech- Non-Partisan Vote by Mail Totals o, 171 cd el a d _ a a OO a f of E District to a a r'— Historicsl 2010-County Board 132,535 52.429 39.6 21707 28441 of Eduutbn Trustee Area 2 Vote by Mall Totals 132,535 52A29 39.6 21,707 28,441 CO tO N N d ea cm N M = N a ,ri o. o c _c o i Z ea v m 0 m 0 • Zi `.;; Lii ar.a Q o m ry a m • s s o cc Cet N 6-N ry N ry N N ry N N N P N n .- N N N ry N IN < m m .0 n 01 n en en en en en r . r en en en m n en m enVI t ON=Ce ai .74 .T n N ry N N n ry n n ry ry b m N m N IT/ N N N ry n N N N N a Li saA 0 ti b ;D b b /- b b V b 4D b b T m m It b A P N N O vn •D N b b b b W r` 40 P b b (%)lnow j rT 4 T n m < n '4 r K rT: T o P m f b cT <e .T N < � < < b b r 2 2 2 N' f 4 4' 4 P f n .-m• < P '- ' ND b` b n O( O Nn Nn < Qn N Nf f f m < r` b m n - n ..— m < ;sp�cf ps129W W/w d � o e .• "' Nu v o- o o 2 `6 na0 "c P .r N NNt N N N u eeo m aed o Nm N nw 4 N N " N b O N MN " M Y .N fp° OT 3 n N qq 3 O N iO O O A t' " N h N D 3 Pm b vO W uoweiis6ay3gWaW/7ed m N N ' "I N N b m In1 MI In b n Pil PI 3 ^o 8 8 8 8 8 o a z t s a ° ° oo . •o N � � g < 'n rn n ui S b cz ' c o ni . 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N � xnS.4ur $3va8cuo2 x_ xox 5c5xo633x.� 3sj5so` f ` oCbi =u x8io `«7 =W-N 3/22/2024 3:51 PM District Results Report-March 05,2024 Page 2269 C-City of Huntington Beach Non Partisan Grand Totals 7 i I a 2 District is is F- > 2 Histodal 2010-County bad 132.33S 63,143 47.6 28314 32167 of Edualbn UAW*MN 2 Vets GatorTetds 132,535 10.714 8.1 6.607 3,716 Vol*by IAA Tetak 132,53S S2A29 39.6 21,707 28,441 Grand Teak 132.335 63,143 47.6 28,314 32,157 • Res. No. 2024-12 • • 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.affrmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held.on April 2, 2024 by the following vote:* AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick NOES: None ABSENT: None . . . . . • RECUSE: None • • City Clerk and ex-officio Clerk of the City Council of the City of . Huntington Beach, California • . U.S. Postal Service,. CERTIFIED MAILTM RECEIPT rq (Domestic Mail Only;No Insurance Coverage Provided) O N For delivery information visit our website at www iicos comp, 1 UNITED STATES IN- - Suc Q"OC 1 aV•c,�6� f. iw iPJ{� J� SERVICE. f/l�l�i r` yy J rq ru Poltddb14 �. .. .. e(� ,� $3 61 K;`si :xj .. 9 BEACH CENTER Certified Fee $ fl 316 OLIVE AVE I � .0 APR cal HUNTINGTON BEACH, CA 92648-9998 Return Receipt Fee SiI 2 Ha 4 (800)275-8777 o (Endorsement Required) 04/24/2024 Restricted Delivery Fee 04:07 PM ! (Endorsement Required) Product o $9.55 Qty Unit Price u 1 Total Poste a Feea • 1 v.tz .„1,4 t Price s r , ( . VJ '�T 1 ' . I . ..A..,i Rate Inquiries 1 ,L $0.00 t�r__!�T!A[tiCizko ot-: A�_Fa_IL.,, Ital. Priority Mai l p Street pt.No.; Wit ► 1 $9,85 ! N orPO Box N Iwo Win _ ) Q. Flat Rate Env ! c.,State,ZIP+4 LLLiii /+�+-}. Santa Ana, CA 92701 ! A AirA AA :A fir„ , y Flat Rate ! PS Form 3800,August 2006 See Reverse for Instructions Expected Delivery Date Thu 04/25/2024 Insurance $0.00 U.S. Postal Service,M Up to $100.00 included Certified Mail® $4.40 CERTIFIED MAILTM RECEIPT Tracking #: a (Domestic Mail Only;No insurance Coverage Provided) 70080500000182185461 Return Receipt For delivery Tracking #: information visit our website at www.usps.coms $3,65 `r' SunA , , relit 9590 9521 0615 0060 7104 97 Total ® 5 (J $17.90 1 ti P � a 3 J ., > Priority Mail® 1 $9,85 1 Certified Fee $0. 10 . '' 9: ; F1 at Rate Env $0.O( Poat rk Sacramento, CA 95814 ! 0 Return Receipt Fee ON • Here p (Endorsement Required) $0• R ?4 Flat Rate o 11;.00 2�2� Expected Delivery Date I Restricted Delivery,Fee 1 m (Endorsement Required) Fri 04/26/2024 o $9.8',� Insurance $0.00 U' Total Postage&Fees $ Up to $100.00 included illl 9M U uv� '6 Certified Mail® $4.40 s„t�o c� Tracking #: o -Pt t _I? _Drii �! -aur__4/ YciIn S'. ElJ 70080500000182177701 o treat,Apt. o.; Return Receipt r` or PO Box No. 110 l iv. RoSS c�-r1r.,�-r Tracking #: $3.65 City,state,z P+4 /+„, 1 2 i — t,-' Z 9590 9521 0615 0060 7104 80 �,ar% iiLA Total PS Form 3800.August 2006 See Reverse for Instructions $17.90 Grand Total : $35.80 Cash $40.00 Change -$4.20 Text your tracking number to 28777 (2USPS) to get the latest status. Standard Message and Data rates may apply. You may also visit www.usps.com USPS Tracking or call 1-800-222-1811. Save this receipt as evidence of insurance. For information on filing an insurance claim go to https://www.usps.com/help/claims.htm . or call 1-800-222-1811 Preview your Mail Track your Packages Sign up for FREE https://informeddelivery.usps.com I All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. Tell us about your experience. Go to: https://postalexperience.com/Pos or scan this code with your mobile device, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. SI item 4 if Restricted Delivery is desired. ' 1re 5 ek- ❑Agent • Print your name and address on the reverse CI Addressee so that we can return the card to you. B.��gri�te� r Ili, C. Date of Delivery ■ Attach this card to the back of the mailpiece, 'I or on the front if space permits. - 1. Article Addressed to: D. Is delivery address d m 1? 0 Yes If enter delivery addnej 4i.7 0 No S�nirI NI.Wh t Ph.i� s ` b' _, S- 04 4 Sigk .of CArrkilemAi ' C'/umJ II%I®' Vh( ) 3. Service Type,'Mail . Certified Mail 1500 t11t, �fifi.�t 2ir�cl pi,„( . .,:. 1 SCC.ir~tfa"t „d .J i i limit -,-;: - tuoilitmlittun--,' &,,c,r7n,y,„,,-i, icp, 15g H 2. Article Number 7008 0500 0001 8 217 7701 o (Transfer from service/abel Q PS Form 3811,February 2004 Domestic Return Receipt '' '` 1o2ssiaao2-M- t. 1 ' UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 _ • Sender: Please print your name,address, and ZIP+4 in this box• Ciiwvi-04" i N-4 OW-Ill '- ',:'&6; -2H, Picoa . -1 }i , C 42i M- . inipir1rm.indittifli111pl islmilirliiiiiiiitri„liiiii • i SENDER: COMPLETE THIS SECTION - COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,-and 3.Also compl- e A. Signature item 4 if Restricted Delivery is desired. ID Agent • Print your name and address on the reverse X Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from�: -, :2 Yes 1. Article Addressed to: if YES,enter delivery add =,-4". N/c - • iiVih t Ifl vi,Caue C�pi,to ir , e w i •►, c°,@�9 30 N CO 1/�✓c i t 1�►►�if ' S bi I • 3. Service Type ���.+y .. • ts'Gca"` 5,:; E.apress -1 f 0 N t0 0I S SI 'I"• • ��.���� _ sr kx t�ier*..her:fr� Si Ann CA 121-01-1-ro 4 Resin . illmini i /lII_ IJF 1 , • 1. 2. Article Number �^ Arransfer.fromsenr� 7008 0500 0001 8218 5461 !; PS Form 3811,February 2004 Domestic Return Receipt 102595-02•M-1540 UNITED STATES POSTAL SERVICE I II First-Class Mail � - Postage&Fees Paid .. USPS , Permit No.G-10 - ' Sender. Please print your name, address, and ZIP+4 in this box • • • MIDI-Prri s .� - P1oDl - .. 2.CDo Mili n .1-tJvTtivve iWirrAci Cx2 qw 14q • ,i ,imii, i ii i i ills ,i , I i iI � �ii } 11i�i,iliiiii ,i,i, , ill iil� 1tiilii —..— _— — USPOSTAGE.P YS-I Shirle .1%Weber.Ph.D. z,P sa,4 $001.39° Secretary0State 02 Iry I. ;'' G _ 0001a02927 MAY 10 2024 , ���� 6D.',36s Programs Division : P;p Box444260 ' ! Sacramento,CA 94244-2600 bi ile..m. CALIFORNIA bizfile.sos.ca.gov Making it easier to do business in California! +�blPl'9h11111 �ill1dl� 1111Plllill19111111111 Beo.cftC A4-t-n :i oI1un+in1oa y I . n cs-+oiis1o 'A 2000Min.� S-fc +t-e uftkifl +0fl ach,'A q2ioq$ OF O Y' BIRTH AND DEATH RECORDS p< �..,,oz . H U G H N G UYE N FICTITIOUS BUSINESS NAMES • MARRIAGE LICENSES/RECORDS 4"I '14�. ;� CLERK RECORDER NOTARY REGISTRATION e�.� c) ORANGE COUNTY ARCHIVES �L O�V PASSPORTS �l PROPERTY RECORDS CITY OF HUNTINGTON BEACH 2000 MAIN ST, 3RD FLOOR HUNTINGTON BEACH,CA 92648 Office of the Orange County Clerk-Recorder Memorandum r SUBJECT: PUBLIC NOTICE . The attached notice was received, filed and a copy was posted on 04/26/2024 It remained posted for 30(thirty) days. Hugh Nguyen Clerk-Recorder In and for the County of Orange By: Carina Herrera Deputy Public Resource Code 21092.3 The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county*** in which the project will be located and shall remain posted for a period of 30 days.The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of 20 days.unless otherwise required by law to be posted for 30 days. The County Clerk shall post notices within 24 hours of receipt. Public Resource Code 21152 All notices filed pursuant to this section shall be available for public inspection,and shall be posted*** within 24 hours of receipt in the office of the County Clerk.Each notice shall remain posted for a period of 30 days. *** Thereafter,the clerk shall return the notice to the local lead agency *** within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by*** (714) 834-2500 • FAX: (714) 834-2675 • OCRECORDER.COM • OCARCHIVES.COM OF 0 x l C ORANGE COUNTY CLERK-RECORDER CEQA FILING COVER SHEET THIS SPACE FOR CLERK'S USE ONLY Complete and attach this form to each CEQA Notice filed with the County Clerk-Recorder TYPE OR PRINT CLEARLY Project Title PUBLIC NOTICE/POSTING: SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF HUNTINGTON BEACH ON THE 5TH DAY OF MARCH, 2024. Check Document being Filed: O Environmental Impact Report(EIR) O Mitigated Negative Declaration (MND)or Negative Declaration (ND) O Notice of Exemption (NOE) 0 Other(Please fill in type): POSTING FILED IN THE OFFICE OF THE ORANGE COUNTY CLERK-RECORDER ON April 26,2024 Posted for 30 days DEPUTY CARINA HERRERA Filing fees are due at the time a Notice of Determination/Exemption is filed with our office.For more information on filing fees and No Effect Determinations,please refer to California Code of Regulations,Title 14,section 753.5. ri rill UP tt /•���NTIN6T�� !�� .` ••<:A City of Huntington Beach x 2000 Main Street ♦ Huntington Beach, CA 92648 o` (714) 536-5227 • www.huntingtonbeachca.gov COo ffc ,#' Office of the City Clerk Robin Estanislau, City Clerk State of California } County of Orange } ss City of Huntington Beach } I, Gracey Van Der Mark, Mayor, and I, Robin Estanislau, City Clerk, in and for the City of Huntington Beach, California, do hereby certify and authenticate that the following are full, true and correct copies of documents required to be submitted to the California Secretary of State and Orange County Clerk-Recorder in accordance with Government Code Section 34460, and pursuant to a Special Municipal Election held in the City of Huntington Beach on the 5th day of March, 2024. 1. Copy of Revised City Charter of the City of Huntington Beach for acceptance and filing (Att #1) 2. Copy of Charter Legislative Draft (Att #2) 3. Certificate of Proceedings in Adoption of Charter Amendment Measures Nos. 1 (Measure A-Passed), No. 2 (Measure B-Passed), and No. 3 (Measure C-Failed) (Resolution Nos. 2024-42, 2023-43, 2023-44, 2023-45) (Att #3) 4. Impartial Analysis and complete text of Charter Amendment Measure No. 1 (Measure A) — "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 more in-person voting locations; and monitor ballot drop-boxes, be approved?" approved by the voters (Att #4) 5. Impartial Analysis and complete text of Charter Amendment Measure No. 2 (Measure B) — "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property are the United States Flag, the 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?" approved by the voters (Att#5) 6. Certified copies of pages from Orange County's Voter Information Guide relating to Huntington Beach Measures A and B (Att#6) 7. Copies of Arguments and Rebuttals — Charter Amendment No. 1 (Measure A) (Att #7) Sister City: Anjo, Japan HB Charter Amendment Documentation April 23, 2024 Page 2 8. Copies of Arguments and Rebuttals — Charter Amendment No. 2 (Measure B) (Att #8) 9. Proof of Publications of Notice of Election (English, Spanish, Korean, Vietnamese) (Att #9) 10. Resolution No. 2024-12 reciting the facts of the Special Municipal Election consolidated with the Presidential Primary Election held on March 5, 2024, declaring the results and such other matters as provided by law, including Exhibit "A" Certificate of Registrar of Voters to Result of the Canvass of the Presidential Primary Election Returns (Att #10) I have hereunto set my hand and seal this 23rd day of April, 2024. 41' C- ay/U Gracey Van Der Mark, Mayor Robin Estanislau, CMC, City Clerk City of Huntington Beach City of Huntington Beach Attest: Robin Estanislau, CMC, City Clerk City of Huntington Beach Sister City: Anjo, Japan A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On April 23, 2024 before me, Donna Switzer, Notary Public, personally appeared Gracey Van Mark and Robin Estanislau who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Z . DONNA swrzER, NotaPuc. hthrniaze Orang Coun ,;.-:(tits, m N �;' t,. �� My Comm.Comission Expires Nov 92470451 2027 4711P (Seal) (Notary Signature) ATTACHMENT 1 Copy of Revised Charter CITY OF HUNTINGTON BEACH City Incorporated February 17, 1909 Revised 2024 TINGT I(73:% 9=\\ 0OUNTY t� i' CITY OF HUNTINGTON BEACH CITY CHARTER 001��NT I NGT0 11,1 � se �y 7 ...6,9 \ \ �I-F • \�o��l ` C°UNTY c 1' Incorporated,February 17, 1909 (Election February 9, 1909;94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37 5/17/37 Amendments 2/2/40 Amendments 1/29/47 Amendments ....1/27/49 Amendments .5/9/49 Revised 5/1/50 New Charter 2/10/66 Amendments 1/18/71 Amendments 6/5/75 Amendments ..12/10/76 Amendments 7/17/78 Amendments..(Consolidation November) .12/9/82 Amendments 12/7/84 Amendments ....12/7/90 Amendments 4/22/02 Revised .(Certified by the Secretary of State 1/6/11) 12/6/10 Amendments...(Certified by the Secretary of State 12/30/14) 12/1/14 Amendments...(Certified by the Secretary of State / /24) 4/2/24 City of Huntington Beach City Charter Page 1 of 21 4/07/24 CITY CHARTER TABLE OF CONTENTS ARTICLE I.INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102.Boundaries Section 103. Powers of City Section 104. Construction. Section 105. Intergovernmental Relations ARTICLE II. FORM OF GOVERNMENT Section 200. Council-Manager Form of Government ARTICLE III.ELECTIVE OFFICES Section 300. City Council,Attorney, Clerk and Treasurer. Terms Section 301.Powers Vested in City Council Section 302. Compensation Section 303.Meetings and Location • Section 304. Quorums,Proceedings and Rules of Order Section 305.Presiding Officer Section 306.Mayor Pro Tempore Section 307.Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney.Powers and Duties Section 310. City Clerk.Powers and Duties Section 311. City Treasurer.Powers and Duties Section 312.Vacancies,Forfeitures and Replacement Section 313. Conflict of Interest,Nepotism ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL Section 400. City Manager. Composition,Term,Eligibility,Removal Section 401.Powers and Duties Section 402.Acting City Manager Section 403.Personnel Section 404. Retirement System Section 405.Boards,Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500.Regular Ordinances. Enactment,Adoption,Publication,Amendment,When Effective and Codification Section 501.Emergency Ordinances Section 502. Resolutions Section 503.Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 21 4/07/24 ARTICLE VI.FISCAL ADMINISTRATION Section 600.Fiscal Year Section 601.Annual Budget,Preparation by the City Manager Section 602.Annual Budget. Submission to the City Council Section 603.Annual Budget.Public Hearing Section 604.Annual Budget.Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608.Vote Required for Tax Measures Section 609.Real Estate Transfer Tax Section 610.Bonded Debt Limit Section 611.Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616.Independent Audit Section 617.Infrastructure Fund ARTICLE VII.ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702.Procedure for Holding Elections Section 703.Initiative,Referendum and Recall Section 704.Nomination Papers Section 705. Special Provisions Relating to Municipal Elections ARTICLE VIII.MISCELLANEOUS Section 800. Transition Section 801.Definitions Section 802.Violations Section 803.Property Rights Protection Measure Section 804. Charter Review Section 805. Safe and Sane Fireworks Section 806. Display of Flags City of Huntington Beach City Charter Page 3 of 21 4/07/24 • CHARTER 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. Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local. government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City. It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally, abide by the provisions of this Charter, in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances,shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT.The municipal government provided by this Charter shall be known as the Council-Manager form of government. City of Huntington Beach City Charter Page 4 of 21 4/07/24 • ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter.No person shall be elected as a member of the.City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter.A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL.All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302.COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred.Seventy-five Dollars per month.In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor.In addition,members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes.If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings.If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such • City of Huntington Beach City Charter Page 5 of 21 4/07/24 . . notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting.If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes.In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned.If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or, if he should fail to act,by a majority of the members of the City Council. (d) Open Meetings.All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter.It shall judge all election returns.Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions.Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any City of Huntington Beach City Charter Page 6 of 21 4/07/24 member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the.City government to the people, and as occasion requires,may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE. The City Council shall also designate one of its members as Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council.The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Section 307.NON-INTERFERENCE WITH ADMINISTRATION.Except as otherwise provided in this Charter,no member of the City Council shall order, directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City, of any person to any office or employment,or removal therefrom.Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining.units. Section 308.OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees.who are required by.this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney,and shall be filed with the City Clerk.Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon, or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. City of Huntington Beach City Charter • Page 7 of 21 4/07/24 (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books,papers, files, and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310. CITY CLERK.POWERS AND.DUTIES.To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business,public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. City of Huntington Beach City Charter Page 8 of 21 4/07/24 - (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor,unless the City Council,has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) • Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311. CITY TREASURER.POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting,finance,business, or public administration; or A Bachelor's Degree in accounting,finance,business, or public administration with certification by the California Municipal Treasurer's Association, or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments,license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments,or from any court, or from any office,department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. City of Huntington Beach City Charter Page 9 of 21 4/07/24 (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter,from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture.If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant.If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council,nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400.CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council;provided, however,that the person occupying the office shall not be removed from office except as herein provided. City of Huntington Beach City Charter Page 10 of 21 4/07/24 P LEi S E CONTOC,1 OC C( lC VEC00_DE-12. :102 THE ' O+- H E DOCUMENT, IHGONv_ �!OU .