Moore, Tania
From: Cindi Lee <[email protected]>
Sent: Monday, July 31, 2023 4:48 PM
To: CITY COUNCIL (INCL. CMO STAFF); [email protected] Cc: Ocean View School District - Michael Conroy, Ed.D; Patricia Singer; Frakes, Sandie; Susan Whittaker
Subject: OVSD Correspondence - Item 23-670, City Council Agenda, August 1, 2023 Attachments: CC Letter 7-31-22 Charter.pdf
Good afternoon,
Please see the attached written correspondence from Ocean View School District regarding Agenda Item 23- 670, to be considered at the August 1, 2023, City Council Meeting.
Thank you.
Cindi Lee, Executive Assístant
Office of the Superintendent
OCEAN VIEW SCHOOL DISTRICT
17200 Pinehurst Lane
Huntington Beach, CA 92647
(714) 847-2551, ext. 1309
[email protected]
cean View
school District
Connections Before Content!
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 8/1/2023
Agendalem No: 28 (23-1070)
1 Ocean View School District
17200 Pinehurst Lane, Superintendent Board of Trustees
Huntington Beach, CA 92647 Michael Conroy, Ed. D. Patricia Singer, President Tel: 714 847-2551 Gina Clayton-Tarvin, Vice President
Fax: 714 847-1430 Jack C. Souders, Clerk
"Equity and
Excellence" Web: www.ovsd.org Morgan Westmoreland, Member Norm Westwell, Membe
SENT VIA ELECTRONIC TRANSMISSION
City. [email protected]
[email protected]
July 31, 2023
The Honorable Tony Strickland, Mayor, and Members of the City Council
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Re: Item 23-670 City Council Agenda August 1, 2023
City Council Charter Review of Ad Hoc Committee Recommendations For March 2024 Statewide Primary Election, and
Establishment of Ad Hoc Committee to Prepare Ballot Language Dear Mayor Strickland and City Councilmembers:
Ocean View School District (OVSD) has serious concerns with the Charter Review Ad Hoc Committee proposals and request that these charter amendments be rejected by the City Council and not placed on the March 2024 Statewide ballot. OVSD has concerns that the Charter Review Ad Hoc Committee did not hold open meetings or give notice of any meetings to the public during its deliberations on proposed charter amendments pursuant to Municipal Code Section 2.100.110 Open Meetings and the Brown Act.
OVSD has reviewed Item 23-670 staff report and attachments for each of the eight (8) items listed:
Item 1: Section 300 - Term Commencement
The Charter Review Ad Hoc Committee recommends elected candidates commence office at the first regular City Council meeting after the election is certified. This seems reasonable except it will result in confusion as to the duties of elected city council members. The Brown Act Section 54952.1 states:
Any person elected to serve as a member of a legislative body who has not yet assumed the duties of the office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
Although the City Council is seated at the next city council meeting after a certified election, the obligations of the office for those elected officials should begin as soon as possible. The existing wording of the Huntington Beach Charter is adequate and does not need to be amended. OVSD requests this amendment to Charter Section 300 be rejected.
City Council Agenda Item: 23-670
July 31, 2023
Item 2: Section 303 - Regular Meeting
The Charter Review Ad Hoc Committee recommends that a meeting can be cancelled by the mayor or majority of city council members if there is a lack of a quorum. This proposed revision conflicts with Charter Section 304. Quorums, Proceedings and Rule of Order that establishes the city clerk's responsibility to determine a quorum and provide written notice of the adjourned meeting or special meetings to a date certain. The Charter Review Ad Hoc Committee's recommendation to amend Section 303 needs to be rejected. It is unnecessary since there is already a process to determine a quorum and reschedule city council meetings. The city clerk is the appropriate office to determine a quorum, and it is redundant to add other individuals, such as the mayor or majority of city council members.
If enacted, this amendment would cause confusion if the city clerk and the mayor disagree as to a quorum.
City council members have a narrow excuse for absences from a meeting that should solely be determined by the city clerk. The holding of city council meetings as described in Section 303 and public participation in the business of the city is of vital importance for democracy, free speech, and good governance. OVSD requests this amendment to Charter Section 303 be rejected.
Item 3: Section 612 - Measure C
The Charter Review Ad Hoc Committee recommends amendments to Section 612. Public Utilities and Parks and Beaches that include an allowance for restrooms and children's playgrounds. The proposed amendments to the Charter are unnecessary. Section 612 only limits structures that are over 3,000 square feet without voter approval. The dollar limit of $161,000 established in 1989, when a single-family home cost the same, is not enforceable in 2023. Restrooms are less than 3,000 square feet in size. Playground equipment is not considered a building structure, and the Charter does not need to be amended to limit the expansion of playground apparatus or restrooms in public parks. OVSD requests this amendment to Charter Section 612 be rejected.
Item 4: Section 601/602 - Annual Budget
The Charter Review Ad Hoc Committee recommends amendments to Section 601/602 that establish a two-year budget, rather than an annual budget. It is vitally important for the public to participate in the city budget process, and a two-year budget would limit public participation on which programs to fund and the needs of the residents and businesses. The past city budgets have needed to respond quickly to fluctuating city revenue and expenses due to economic changes. The city budget relies on availability of funds from the California budget that is adopted annually. The annual budget is a necessary business of the city council. OVSD requests this amendment to Charter Section 601/602 be rejected.
Item 5: Section 300 - Clerk and Treasurer Election Cycle The Charter Review Ad Hoc Committee recommends amendments to Section 300 to change the 4-year election cycle for city clerk and treasurer that currently coincides with the Presidential election to the city council election that coincides with the gubernatorial election cycle. It was the wisdom of the city founders in staggering the election of these city officials so that no one political group could lock in 4-year terms for each public office. This proposed charter amendment is detrimental to democracy and the balance of City Council Agenda Item: 23-670
July 31, 2023
power that is built into the existing charter. OVSD requests this amendment to Charter Section 300 be rejected.
Item 6: Section 310 - Clerk Qualifications
The Charter Review Ad Hoc Committee recommends amendments to Section 310 to eliminate specific qualifications of a city clerk to hold this vital public office. Section 310 establishes that the city clerk has a bachelor's degree in Business, Public Administration, or related field, and must hold a certificate as a Municipal Clerk or obtain such certification within the first three years in office. The Charter Review Ad Hoc Committee recommends only a bachelor's degree in any field and eliminates certification as a Municipal Clerk. The city clerk is a vital public office that ensures that the city follows the requirements of the Brown Act for open meetings, public notice, the keeping of public records, and, most importantly, free and fair elections. The office of city clerk is independent and technical, and without the required certification and training, can lead to errors, limits to public access to deliberations and public records, or be influenced by other city officials not to follow standards established by Municipal Clerk certification.
This proposed charter amendment is detrimental to the democratic process and protections that are built into the existing charter. OVSD requests this amendment to Charter Section 310 be rejected.
Item 7: Section 702 - Local Control Over Elections
The Charter Review Ad Hoc Committee recommends amendments to Section 702 to establish local control over municipal elections by determining who is qualified to vote, requiring in-person voting, and city monitoring of polling places and ballot drop off. OVSD is adamantly opposed to the city controlling who can vote or the city monitoring polling places and ballot drop off. The OVSD's school board elections will be negatively impacted by this proposed charter amendment because it will establish conflicting voting requirements, eligibility, and could potentially intimidate voters from voting in a free and fair election. If this amendment is adopted, then the city, rather than the OC Registrar of Voters, will decide whose cast ballot will count based on who knows what criteria of eligibility. The city could reject a signature on a ballot that the OC Registrar of Voters accepted or establish a different residency criterion than the OC Registrar of Voters. The city will have access to private and personal information of the public that is currently not available to elected officials in Huntington Beach. This amendment will result in the public not trusting the result of the election, and that is detrimental to democracy. OVSD requests this amendment to Charter Section 702 be rejected.
Item 8: Any other Proposed Suggestion
Item 8 is especially egregious because it violates the Brown Act by not providing a summary of the topics to be discussed in an open meeting for the public to participate in the democratic process. OVSD rejects the city council from adding other amendments that are not specifically listed in Item 23-670, or that just can be considered and acted upon. If the city council desires to explore other amendments to the charter, then an item should be public noticed and placed on an agenda pursuant to Huntington Beach Municipal Code Section 2.100.110 Open Meetings.
City Council Agenda Item: 23-670
July 31, 2023
In conclusion, the proposed charter amendments are unnecessary and detrimental to the democratic process and the holding of free and fair elections. All recommendations should be rejected. The amendments proposed are not necessary and are outweighed by the cost to the city, and thus, the taxpayers of Huntington Beach, to hold a charter amendment election.
Request for Written Notice
Ocean View School District requests that the proposed ad hoc committee to prepare ballot language, if formed, hold its meetings pursuant to Huntington Beach Municipal Code Section 2.100.110 Open Meetings. The Huntington Beach Municipal Code and Brown Act establishes that all committee meetings be public noticed 72 hours prior to the meeting and that topics to be discussed are detailed and committee documents and materials be available to the public prior to the meeting.
OVSD requests to receive notice of any ad hoc meetings formed by the Huntington Beach City Council and receive access to any documents and materials distributed to the ad hoc committee prior to the meeting.
Please send notice to Superintendent Dr. Michael Conroy at [email protected] and Susan Whittaker at [email protected].
Sincerely,
Michael Conroy, Ed. D. i Patricia Singer
Superintendent President
Ocean View School District OVSD Board of Trustees
cc: Al Zelinka, Huntington Beach City Manager (Sandie. [email protected]