Recommended Charter
Amendments for
Voter Approval at
November Elections
City Council Meeting
June 21, 2022
Background
• The first recognized Huntington Beach Charter
was established in the 1930s. Since then, it
has been amended several times to reflect the
evolving priorities of our community.
• All Charter amendments must be approved by
a majority of voters to be implemented.
• The City Council does not unilaterally approve
amendments. They can only place them on a
ballot for voter consideration.
Today
• Per Charter Section 804, the City Council
must determine whether to convene a
Charter review committee at least once
every 10 years.
• The Charter was last amended with the
help of a citizen-led committee in 2010 and
reviewed by a staff-led committee in 2019.
• In August 2021, the City Council formed a
citizen-led Charter Revision Committee to
take up this work again.
Today’s Charter
• At a June 7 Joint Study Session, the
Committee recommended 18 Charter
amendments to the City Council.
• Based on the discussion from the study
session, staff recommends placing 13 of
the 18 amendments on two separate ballot
measures for voter approval at the
November 2022 General Elections.
• Staff will also present five additional
amendments suggested by individual City
representatives.
Outcome
• Assuming the Committee’s work was
completed after the study session, City
Council may wish to acknowledge their
service and dissolve the Committee per
HBMC 2.100.010.
Outcome
Proposed Ballot Measure 1
# Section Section Title Recommendation
1 300 City Council, Attorney, Clerk
and Treasurer. Terms
Reset the initial election years for elected officials (currently 1966 and 1968) to be more contemporary (2022 and 2024).
2 300 City Council, Attorney, Clerk
and Treasurer. Terms
Replace the outdated phrase “casting lots” with the commonly frequently used phrase “random drawing process” and established a clearer process and timeframe to resolve ties in voting for elected positions. 3 303(d) Meetings and Location –
Open Meetings
Replace the unused phrase “executive sessions” with the commonly used phrase “closed sessions”.
4 303(a) Meetings and Location –
Regular Meetings
Syntax adjustments to clarify the process of adjourning City Council meetings. 5 303(b)
304(a)
Meetings and Location –
Special Meetings
Quorums, Proceedings and
Rules of Order - Quorum
Add the use of “current technology” as one of several ways to distribute meeting notices to City Council Members.
6 303(c)
400(d)
801(e)
Various Use gender neutral terms. Replace pronouns such as “he” with “person” or the title being referred to.
Charter Amendments to improve wording, make minor clarifications, and modify administrative processes. (Continued on next slide)
Proposed Ballot Measure 1 (continued)
# Section Section Title Recommendation
7 311(d)
601
604
Various Replace references to “Director of Finance” with the updated title of “Chief Financial Officer” which aligns with City’s Organizational Chart. 8 312(c) Vacancies, Forfeitures and
Replacement
Clarify the pronoun “it” by replacing it with “City Council”, which is the entity that the pronoun is referring to.
9 312(a)
312(c)
Vacancies, Forfeitures and
Replacement
Require at least 4 affirmative votes for City Council to fill a Council vacancy.
Establish that appointees may only hold office until the next general municipal election to vote in a replacement to fill the remainder of the unexpired term for that position.
10 612(c) Public Utilities and Parks and
Beaches
Add an exemption to this provision known as Measure C by allowing the replacement of existing equipment or infrastructure without triggering a citywide vote. The replacement must not exceed the current footprint or height by more than 10% and must keep its current use.
11 804 Charter Review Require City Council to consider a Charter review at least every ten years, starting after the last review conducted by a Committee, Council or staff.
Charter Amendments to improve wording, make minor clarifications, and modify administrative processes.
Proposed Ballot Measure 2
Charter Amendments to clarify the roles and responsibilities of the City Attorney, Clerk and Treasurer # Section Section Title Recommendation
1 309 City Attorney. Powers &
Duties
Requires the City Attorney to have at least 10 years of experience practicing law in California prior to their election or appointment. 2 310
311
City Clerk. Powers & Duties
City Treasurer. Powers &
Duties
Requires minimum qualifications for the Clerk and Treasurer to be met at the time of filing one’s candidacy for election or application for appointment.
Remaining Amendments Proposed by the Committee
Listed below for further consideration
# Section Section Title Recommendation
1 300 City Council, Attorney, Clerk
and Treasurer. Terms
Convert the City Clerk and Treasurer from elected to appointed roles. 2 300 City Council, Attorney, Clerk
and Treasurer. Terms
Convert the City Attorney from an elected to an appointed role. 3 300 City Council, Attorney, Clerk
and Treasurer. Terms
If the City Attorney position remains elected, set term limits similar to City Council term limits.
4 304(b) Quorums, Proceedings &
Rules of Order –Proceedings
Clarifies that all disagreements between the Council and Attorney regarding the presence of a conflict of interest in legal matters will be decided by the Council.
Amended and restated in Table 4 under Sections 304(b), 309, and 310. 5 309 City Attorney. Powers &
Duties
Clarifies and adds duties for the City Attorney: maintain all records in compliance with applicable laws; provide advice related to the Municipal Code and applicable laws; recuse oneself when there may be a conflict of interest.
Also reiterates that the Council has control over all legal business and may employ other attorneys in the event of a City Attorney conflict.
Amended and restated in Table 4 under Sections 304(b), 309, and 310.
Suggested Amendments from City Representatives
Additional amendments suggested by various City representatives for consideration # Section Section Title Recommendation
1 306 Mayor Pro Tempore Replace the title “Mayor Pro Tempore” with “Vice Mayor” which may be considered a more contemporary title.
2 303(a) Regular Meetings Add a provision allowing the City Council to cancel a regularly scheduled meeting as needed.
3 300 City Council, Attorney,
Clerk and Treasurer
Terms
Limit City Council members to a set number of full terms – whether consecutive or non-consecutive.
4 311(d) City Treasurer. Powers
and Duties
The City Treasurer noted that the responsibility listed under subsection (d) was transferred to the Finance Department several years ago, when the City Treasurer role transitioned from a full-time to part-time position. The Treasurer suggests removing this responsibility from her list of duties.
(Continued on next slide)
Suggested Amendments from City Representatives (Continued) Additional amendments suggested by various City representatives for consideration # Section Section Title Recommendation
5 304(b)
309
310
(new
section
added)
Quorums,
Proceedings & Rules
of Order –Proceedings
City Attorney. Powers
and Duties
Attorney-Client
Relationship
Amends Sections 304(b) and 309 and adds a new Section 310 that clearly establishes the attorney-client relationship, in which the City Council (client) has control over all litigation and legal business of the City and may contract with other attorneys in certain circumstances including in the event of a conflict of interest for the City Attorney.
The City Attorney would manage all legal matters and litigation, subject to City Council direction and will follow certain procedures including keeping records of all actions and proceedings, complying with requests for info from the Council and City Manager, and providing advice related to compliance with the Charter, HBMC and applicable laws.
Recommended Actions
Approve one or more recommended Charter
amendments for placement on a ballot measure for voter
approval during the Nov. 8 General Elections; and
Direct staff to prepare ballot measure materials required for County submittal for City Council consideration; and Recognize the Committee’s work and dissolve the
Committee per HBMC 2.100.010.
Recommended Charter
Amendments for
Voter Approval at
November Elections
City Council Meeting
June 21, 2022