REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
PREPARED BY: Paul D’Alessandro, Acting Chief Assistant City Attorney
Subject:
title
Consider the submission of 3 Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election, and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44 and 2023-45
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Statement of Issue:
Pursuant to City Council direction, the City Attorney’s Office has worked with the Council’s Ad Hoc Charter Revision Committee on several proposed City Charter amendments. The Ad Hoc Committee has reviewed and approved the attached proposed Resolutions, which contain revisions of the City Charter, Ballot questions, and exhibits for final consideration and approval by the full City Council. Adoption of the Resolutions is needed to place the Charter amendment measures on the ballot for the March 5, 2024 Statewide Primary Election for voter approval.
1. Resolution 2023-42 - A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments
2. Resolution 2023-43 - A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code
3. Resolution 2023-44 - A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analysis
4. Resolution 2023-45 - A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections
Financial Impact:
The cost to place 3 ballot measures on the March 2024 Statewide Primary Election is roughly estimated at $1,174,884 (or $391,628 per measure).
The final cost for each ballot measure will rely on several factors including the number of pages required to present the measure and secondary expenses such as postage, printing and cost recovery for Orange County’s Vote Center model. The Orange County Registrar of Voters (ROV) provided a rough estimate of $327,428 - $391,628 per ballot measure, which is the basis of the estimate above.
Given the variability of the costs, it is recommended that the City Council budget towards the higher end of the ROV’s estimated range and appropriate $1,200,000 in General Funds to business unit 10010201.
Recommended Action:
recommendation
A) Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and
B) Adopt Resolution 2023-42, “A Resolution of the City Council of the City of Huntington Beach, California, Call for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to Voters Questions Relating to City Charter Amendments,” and
C) Adopt Resolution 2023-43, “A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code,” and
D) Adopt Resolution 2023-44, “A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analysis,” and
E) Adopt Resolution 2023-45, “A Resolution of the City Council of the City of Huntington Beach, California Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections,” and
F) Appropriate $1,200,000 in General Funds to business unit 10010201.
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Alternative Action(s):
Do not approve one or more recommended actions, and direct staff accordingly.
Analysis:
On June 6, 2023, City Council approved the formation of a Charter Review Ad Hoc Council Committee to recommend Charter amendments (File #: 23-480) <https://huntingtonbeach.legistar.com/LegislationDetail.aspx?ID=6246350&GUID=54997A4C-DC06-4719-86CB-69EE98104FC2&Options=&Search=>. The Ad Hoc Committee, comprised of Mayor Strickland, Mayor Pro Tem Van Der Mark, and Council Member Burns, worked with the City Attorney to identify 7 proposed amendments. On August 1, 2023 (File #: 23-670) <https://huntingtonbeach.legistar.com/LegislationDetail.aspx?ID=6300483&GUID=06DA0D45-0D09-450E-B077-58582029D8E7&Options=&Search=>, Council approved the 7 amendments, added 3 additional amendments, and directed the City Attorney to review each one and staff to prepare and return all materials required for submittal to the ROV for Council’s consideration. In late August, the City Attorney’s Office prepared the required materials and met with the Ad Hoc Committee to review them.
These proposals have been divided into three ballot measure questions for the March 5, 2024 primary election, which is an established, statewide election date. If approved the Measures will amend the Charter as follows:
Overview of Measure No. 1:
• Amend Section 702 regarding procedures for holding elections
• Add new Section 705 to verify the eligibility of electors using voter identification, require at least 20 residential voting locations, and monitor ballot drop boxes in the City.
• Amend Section 304(b) and 309 to revise the City Attorney’s powers and duties to: allow full control of all legal business and proceedings; prohibit any reductions to the City Attorney’s compensation and annual budget without a four-fifths Council vote; require all privileged communications remain confidential and inaccessible by any City official or third party without Council approval; all changes to Section 309 would take effect on January 1, 2027.
• Amend Section 310 such that qualifying for the City Clerk position would require any four-year Bachelor’s degree, not limited to business, public administration or a related field.
• Add new Section 314 requiring any allegation of malfeasance, wrongdoing or misconduct against an elected City official be referred to the County District Attorney or other higher level government agency.
Overview of Measure No. 2:
• Add new Section 806 allowing the display a set selection of flags on City properties; requires a unanimous Council vote to display any other flag.
• Amend Sections 401 and 601-605 requiring the City to transition from an annual to biennial budget starting in 2026.
• Amend Section 300 to move the election of City Clerk and Treasurer to the same gubernatorial election cycle as the City Attorney; clarifies the commencement date of the terms of City elected officials.
Overview of Measure No. 3:
• Add new Section 618 requiring voter approval of certain City transactions that forgive, waive or forgo property tax collection by the City in excess of $100,000 without both Council and citywide voter approval. Transactions to acquire property for public parks or infrastructure are exempted.
• Amend Section 612 to exempt the construction of public restrooms up to a certain size, as well as the construction and replacement of playground equipment up to a certain size from requiring citywide voter approval.
• Amend Section 303 to clarify that City Council meetings may be cancelled as needed by the Mayor or majority of Council Members.
Details of each proposed ballot question and redlined changes to the Charter are included in the attached Resolution Nos. 2023-42 and 2023-43, which call for a Special Municipal Election and ask that the County consolidate the Special Municipal Election with the Statewide Primary Election on the same date.
Adoption of Resolution No. 2023-44 would set priorities for filing written arguments for each measure and direct the City Attorney to prepare impartial analyses for measures where there is no conflict of interest. Resolution No. 2023-45 would provide for the filing of rebuttal arguments for each measure. Staff recommends identifying authors for arguments and rebuttals tonight. Following adoption of the Resolutions, the City will prepare an impartial analysis of each Measure and gather the arguments and rebuttals, all of which must be submitted to the County Registrar of Voters by the filing deadline of December 8, 2023.
Lastly, staff recommends appropriating $1.2 million in General Funds to cover the estimated cost of placing 3 ballot measures on the March 2024 elections.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution 2023-42, “A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments”
2. Resolution 2023-43, “A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to § 10403 of the Elections Code”
3. Resolution 2023-44, “A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analysis”
4. Resolution 2023-45, “A Resolution of the City Council of the City of Huntington Beach, California Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections”