7/5/2022
HUNTINGTON B 0000000
NCORPORATED Consider Submission of
Charter Amendment
Measures for Voter
Approval in November
City Council Meeting
July 5, 2022
Timeline
• Charter Revision Committee formed, deliberating in
Aug. 3, 2021 meetings from Dec. 2021 to May 2022.
• Committee recommended 18 Charter Amendments to the
May 12 2022 City Council in their final report
• Committee presented their recommendations to Council
Jun. 7, 2022 during a joint study session.
• Council considered Committee & staff recommendations; Jun. 21, 2022 took straw votes to place 18 amendments on 4 measures.
SUPPLEMENTAL
COMMUNICATION
Mesing Date: 7/5/2022
1 Aganda ham No: #za (зa-572)
7/5/2022
Next Steps
• Deliberate once more on the four ballot measures, including proposed ballot language and exhibits prepared by staff; conduct final votes to place them on the November ballot.
• If approved, adopt:
Resolution 2022-39 - Request the County to consolidate a General Municipal Election with the Statewide General Election on November 8, 2022.
2. Resolution 2022-40 - Call for the General Municipal Election to vote on the four Charter measures and regularly scheduled elections for elected officials.
3. Resolution 2022-41 - Set priorities for writing arguments; direct the City to prepare an impartial analysis for each measure.
4. Resolution 2022-42 - Provide for the filing of rebuttals for each measure.
Charter Amendment - Measure 1
Proposed ballot language for consideration (max 75 words):
"Shall proposed Charter Amendment No. 1 to: amend
outdated phrases, YES
Section 612 the replacement of existing equipment and
infrastructure in parks and beaches if it maintains its current use and does not exceed its footprint or height by more than 10%; and require the City to consider Charter reviews at least once every decade following the last review, be NO approved?"
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Charter Amendment - Measure 1
Improve wording, make minor clarifications, and modify administrative processes # Section Section Title Proposed Amendment
1 300 City Council, Update the initial election years for elected officials Attorney, Clerk, (currently 1966 and 1968) to be more contemporary Treasurer. Terms (2022 and 2024).
2 300 City Council, Replace the outdated phrase "casting lots" with the Attorney, Clerk and commonly used phrase "random drawing process" and Treasurer. Terms establish a clearer process and timeframe to resolve ties in voting for elected positions.
3 303(a) Regular Meetings Add a provision allowing the City Council to cancel a regularly scheduled meeting when needed.
4 303(a) Meetings and Syntax adjustments to clarify the process of adjourning Location - Regular City Council meetings.
Meetings
(Continued on next slide)
Charter Amendment - Measure 1
Improve wording, make minor clarifications, and modify administrative processes # Section Section Title Proposed Amendment
5 303(b) Meetings and Location Add the use of "current technology" as one of several - Special Meetings ways to distribute meeting notices to City Council Quorums, Proceedings Members.
304(a) and Rules of Order
6 303(d) Meetings and Replace the outdated phrase "executive sessions" with Location - Open the commonly used phrase "closed sessions".
Meetings
т 303(c), Various Use gender-neutral terms. Replace pronouns like "he" 400(d) with "person" or the title being referred to.
801(e)
8 311(d), Various Replace "Director of Finance" with the updated title of 601, "Chief Financial Officer" to align with the Organizational 604 Chart.
(Continued on next slide)
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Charter Amendment - Measure 1
Improve wording, make minor clarifications, and modify administrative processes # Section Section Title Proposed Amendment
9312(c) Vacancies, Clarify the pronoun "it" by replacing it with "City Council".
Forfeitures and
Replacement
10 612(c) Public Utilities and Add an exemption to the provision known as Measure C by Parks and allowing the replacement of existing equipment or Beaches 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 Charter Amendment - Measure 2
Proposed ballot language for consideration (max 75 words):
"Shall proposed Charter Amendment No. 2 to: require City Clerks and Treasurers to meet minimum qualifications at the YES time of filing candidacy; rename Mayor Pro Tempore to Vice Mayor; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; accordingly, be NO
update City Treasurer responsibilities
approved?"
7/5/2022
Charter Amendment - Measure 2
Clarify roles and responsibilities of elected officials # Section Section Title Proposed Amendment
1 309 City Attorney. Remove requirement that Attorney must be a graduate of a Powers and Duties law school that is specifically "accredited by the American Bar Association".
2 310 City Clerk. Powers Requires minimum qualifications for the Clerk and Treasurel & Duties to be met at the time of filing one's candidacy for election ol application for appointment.
City Treasurer.
311
Powers & Duties
3 306 Mayor Pro Replace the title "Mayor Pro Tempore" with "Vice Mayor" to Tempore help the community better understand the function of this (Continued on next slide)
Charter Amendment - Measure 2
Clarify roles and responsibilities of elected officials # Section Section Title Proposed Amendment
4 311(d) City Treasurer. The City Treasurer noted that the responsibility listed under Powers and Duties 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. 5 312(a) Vacancies, Require at least 4 affirmative votes for City Council to fill a 312(c) Forfeitures and Council vacancy. Establish that appointees may only hold Replacement office until the next general municipal election to vote in a replacement to fill the remainder of the unexpired term for that position.
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Charter Amendment - Measure 3
Proposed ballot language for consideration (max 75 words):
YES
"Shall proposed Charter Amendment No. 3 to convert the City Clerk and City Treasurer from elected to appointed officials as set forth in the proposed measure be approved?"
NO
Charter Amendment - Measure 3
City Clerk and City Treasurer Appointment
# Section Section Title Recommendation
1 300 City Council, Convert the City Clerk and Treasurer from elected to Attorney, Clerk and appointed roles.
Treasurer. Terms
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Charter Amendment - Measure 4
Proposed ballot language for consideration (max 75 words):
"Shall proposed Charter Amendment No. 4 to: define the
Attorney-Client relationship between the City Attorney and City, YES designating the City Council as Client; determine all legal matters to be controlled by the Council and managed by the City Attorney under Council direction; permit the Council to contract with other attorneys if the City Attorney has a conflict of interest; require City Attorney to keep all legal records and NO comply with requests for information, be approved?"
Charter Amendment - Measure 4
City Attorney Roles and Responsibilities
# Section Section Title Proposed Amendment
1 304(b) Quorums, Proceedings Amends Sections 304(b) and 309 and adds a new & Rules of Order - Section 310 that clearly establishes the attorney-client Proceedings relationship, in which the City Council (client) has control over all litigation and legal business of the City 309 City Attorney. Powers and may contract with other attorneys in certain and Duties circumstances including in the event of a conflict of interest for the City Attorney.
310 Attorney-Client The City Attorney would manage all legal matters and (new Relationship litigation, subject to City Council direction and will follow section certain procedures including keeping records of all added)
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.
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Next Steps
Jul. 5, 2022 • City Council to conduct a final vote to submit 4 Charter measures to voters this November.
July 2022 • If approved, prepare impartial analyses; gather arguments and rebuttals for each measure.
Aug. 12, 2022 • County deadline to submit all ballot language and materials to the Registrar of Voters.
Nov. 8, 2022 • General Municipal Election
Recommended Actions
1. Consider the proposed Charter amendment measures, ballot language and exhibits for placement on the November General Municipal Election ballot for voter approval; and
2. Adopt Resolution 2022-39 - Request the County of Orange to consolidate a General Municipal Election with the Statewide General Election on November 8, 2022; and
3. Adopt Resolution 2022-40 - Call for the General Municipal Election on November 8, 2022; submit four Charter Amendment measures to the voters (and also hold regularly scheduled elections for City Council and City Attorney) during the election; and
4. Adopt Resolution 2022-41 - Set priorities for writing arguments; direct the City Attorney's Office and/or the City Clerk's Office to prepare an impartial analysis for each measure; and
5. Adopt Resolution 2022-42 - Provide for the filing of rebuttal arguments 8