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
Receive and File this Report of Effect of Proposed Initiative 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; and Consider Options on How to Proceed
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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. Staff is now returning to provide this report and seek direction from the City Council on how to proceed.
Financial Impact:
Based upon the City Council’s recommendation, the Registrar of Voters estimates the 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 $54,702.60.
Recommended Action:
recommendation
A) Receive and file this Report of Effect of Proposed Initiative 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;” and,
B) Adopt Ordinance No. 4239, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof and Adding New Section 2.30.090 Thereof;”
OR
C) Submit Citizen Initiative to the Voters at the next General Municipal Election on November 3, 2026
OR,
D) 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. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal 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. 2025-10, “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 a Date to be determined by the City Council.”; and,
3. Adopt Resolution No. 2025-11, “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. Staff is now returning to provide this report for this initiative.
Pursuant to Elections Code 9215(c),”[w]hen the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election […] Should the City decide to order an election, the election “shall be held at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election,” pursuant to Elections Code 1405(a). The City may also “call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear […],” pursuant to Elections Code 1405(b).
Article VII, Section 700 of the City’s Charter provides for general municipal elections to be held in the City on the first Tuesday after the first Monday in November in each even-numbered year. The next general municipal election would fall on November 3, 2026.
There are no conflicts of the City’s Charter with Elections Code Sections 1000, 1001, 1405, and 9215.
Cost of the Election:
The City Clerk’s Office worked with the Orange County Registrar of Voters (OCROV) to determine costs of submittal for the initiative to the voters. 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 referenced costs are in addition to the amount due to the OCROV for the verification of signatures totaling $54,702.60.
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. Ordinance No. 4239 - “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof and Adding Section 2.30.090 Thereof”
2. Resolution No. 2025-09 - “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal 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. 2025-10 - “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 a Date to be determined by the City Council”
4. Resolution No. 2025-11 - “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”