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File #: 25-153   
Type: Administrative Items Status: Passed
File created: 2/25/2025 In control: City Council/Public Financing Authority
On agenda: 3/4/2025 Final action: 3/4/2025
Title: Consider Options on How to Proceed for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children's Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials
Attachments: 1. Att #1 Resolution No. 2025-09, 2. Att #2 Resolution No. 2025-20, 3. Att #3 Resolution No. 2025-21, 4. Att #4 Resolution No. 2025-22, 5. Att #5 Resolution No. 2025-12, 6. 3/4 Sup Com

REQUEST FOR CITY COUNCIL ACTION

 

SUBMITTED TO:                     Honorable Mayor and City Council Members                     

 

SUBMITTED BY:                     Travis Hopkins, Acting City Manager                     

 

PREPARED BY:                     Jennifer Carey, Deputy City Manager

 

Subject:

title

Consider Options on How to Proceed for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials

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Statement of Issue:

On January 21, 2025, the City Council adopted Resolution No. 2025-04 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative, “To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. On February 18, 2025, staff returned to City Council providing the “Report of Effect of Proposed Initiative” and is now returning to seek direction from the City Council on how to proceed.

 

Financial Impact:

Based upon the City Council’s recommendation, the estimated cost to submit this initiative to voters will range from approximately $340,515 to $1,315,402. This cost will be in addition to the amount already due to the Registrar of Voters to conduct the certified verification of signatures contained in the petition in the amount of approximately $55,000.

 

Recommended Action:

recommendation

A)                     Adopt Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials;’” OR,

 

B)                     Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and:

1.                     Adopt Resolution No. 2025-20, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a Special Election on Tuesday, ________, 2025, for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials;’” and,

2.                     Adopt Resolution No. 2025-21, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, ________, 2025;” and,

3.                     Adopt Resolution No. 2025-22, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and,

4.                     Adopt Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections”

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Alternative Action(s):

Do not approve, and direct staff accordingly.

 

Analysis:

On January 21, 2025, the City Council adopted Resolution No. 2025-04 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative, ”To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. On February 18, 2025, staff returned to City Council providing the “Report of Effect of Proposed Initiative” and is now returning to seek direction from the City Council on how to proceed.

 

Cost of the Election:

Should the City Council decide to hold a special election for this initiative, the estimated cost would range from $1,190,478 to $1,315,405.

 

The next General Election would be November 3, 2026. Should the City Council elect to submit for this date, the cost would range from $340,515 to $399,499. If the City Council decides to include the second citizen initiative (“An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled “Public Operation of Library Services”), an additional cost of approximately $8,500 would be incurred for both scenarios.

 

The above referenced costs are in addition to the amount for the verification of signatures totaling approximately $55,000.

 

Should the initiative pass, the cost for implementation and long-term operations would be minimal.

 

Environmental Status:

This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

 

Strategic Plan Goal:

Non Applicable - Administrative Item

 

Attachment(s):

1.                     Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’”

2.                     Resolution No. 2025-20, “A Resolution of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a Special Election on Tuesday, ________, 2025, for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’”

3.                     Resolution No. 2025-21, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on Tuesday, _________, 2025”

4.                     Resolution No. 2025-22, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis”

5.                     Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections”