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HomeMy WebLinkAboutCity Council - 2002-77glelection/2002/novemberheso-submissiontoelectors-2002.doc J.) TA Res. No. 2002-77 RESOLUTION NO. 020a,2 - 7 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER RELATING TO ELECTION OF FIVE COUNCILMEMBERS EACH BY DISTRICT INSTEAD OF THE CURRENT SEVEN MEMBERS ELECTED AT-LARGE, TO IMPOSE A LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS INSTEAD OF THE EXISTING TWO CONSECUTIVE TERM LIMIT AND TO REDUCE THE TOTAL NUMBER OF COUNCILMEMBERS FROM SEVEN TO FIVE, AS PART OF THE CITY'S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002, CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION, AS CALLED BY EARLIER RESOLUTION NOS. 2002-60 AND 2002-61 WHEREAS, the City Council of the City of Huntington Beach ("City"), on June 17, 2002, by its adoption of Resolution No. 2002-60, called for and ordered that a General Municipal Election be held on November 5, 2002, for the purposes of electing four (4) members of the City Council for the full term of four years and a City Attorney for the full term of four years; and WHEREAS, the City Council, on June 17, 200by its adoption of Resolution No. 2002-61, requested the consent and agreement of the Board of Supervisors of the County of Orange, pursuant to Elections Code § 10403, to consolidate the City's November 5, 2002 General Municipal Election with the Statewide General Election which will also be held on the same date (November 5, 2002); and WHEREAS, under Section 4 of said Resolution No. 2002-61, the City recognized that the County of Orange would incur additional costs by such consolidation, if approved by the Board of Supervisors, and agreed to reimburse the County of Orange for such additional costs; WHEREAS, the City Council, on August 5, 2002, by the adoption of this resolution, desires to add an additional item for the voters' consideration at the City's November 5, 2002 General Municipal Election — a proposed amendment to the City's Charterinitiated by petition, concerning, inter alia, the manner in which members of the City Council are to be elected; WHEREAS, pursuant to authority provided by Article XI of the Constitiition and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at § 9255) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Huntington Beach signed by more than fifteen per cent of the registered voters of the City according to the county election department's last official report of registration to the Secretary of State to submit a proposed charter amendment to the voters; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters; Shall the Huntington Beach City Charter be amended, effective with the November 2004 General Municipal Election, to provide for: (1) electing five councilmembers instead of the current seven members; (2) dividing the city into five separately elected council districts, instead of the current citywide vote; and (3) imposing an eight-year (two four-year terms) lifetime limit on a councilmember's term of office, instead-of the current limit of two consecutive four-year terms? YES NO Res. No. 2002-77 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at § 9255) of the Election Code of the State of California, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, November 5, 2002, as part of the City's General Municipal Election, consolidated with the Statewide General Election, the submission of the following proposed charter amendment to the City's voters: SECTION 2. That the text of the proposed charter amendment submitted to the voters is attached as Exhibit A. SECTION 3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding of municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. That the Board of Supervisors is requested to consent to the addition of the initiative charter amendment proposal to the other items to be considered by the City's voters at said General Municipal Election. SECTION 6. That the county election department is authorized to canvass the returns of the November 5, 2002 General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 7. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for holding of theconsolidated election. SECTION 8. The City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of adding the initiative charter amendment proposal to the other matters to be considered by the City's voters at said General Maicipal ,Election and agrees to reimburse the County for any such additional costs. ()) g:/election/2002/november/reso-submissiontoelectors-2002.doc qa-y: City Adrff -nustrator Res. No. 2002-77 SECTION 9. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter itinto- the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney D S..)3 Gc.4 f-L-o REVIEWED AND APPROVED: INITIATED AND APPROVED: gielection/2002/november/reso-submissiontoelectors-2002.doc Res. No. 2002-77 EXHIBIT A the Ci Clerk. A metes and bounds descn tion of the new boundaries need not be contained in said redistricting plan. Section 315 shall be added and shall read: Res. No. 2002-77 Proposed Amendment to the Charter of the City of Huntington Beach Section 300 shall be amended to read: Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of se-ve-n five members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large, except for Council members, who shall be elected by District, at the times and in the manner provided in this Charter and who shall, except for City Council members, serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four All five members of the City Council shall be elected at the general municipal election held in 1966 2004, one from each District. District 1,3, and 5 shall initially be for a two-year term, and each fourth y ear thereafter. District 2 and 4 shall be for a four-year term, and each fourth year thereafter. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. Section 314 shall be added and shall read: Section 314. DISTRICTS ESTABLISHED. For the purpose of electing members of the City Council, the Ci shall be divided into five Districts as nearl e ual in .o.illation as iracticable. For the General Municipal election held in 2004 the boundaries of such Districts shall be those described in section 319. Thereafter, the boundaries of such districts shall be sub'ect to alteration and chan •e under the srovisions of this Charter. Said redistrictin slan ma describe the new boundaries b P1 flj\R PSection 315. COUNCIL MEMBER RESIDENCY REQUIREMENTS. Thefe will bon10.orie-meinber from each District on the City Council. Every Council member shall be an actual resident an—relater of the District from which the Council member is nominated. Any Council member who moves from the • District of which the Council member was nominated forfeits the office. reference ma on file with Res. No. 2002-77 Section 316 shall be added and shall read: Section 316. TERM LIMITS. No person shall be elected as a member of the City Council for more than two terms, and no person who has been a member for two or more years of a term to which he or she or some other person was elected a member shall be elected to the City Council more than one further term. Section 317 shall be added and shall read: Section 317. REDISTRICTING. Within six months of the completion of each federal decennial census, the Ci Council shall a. .oint a committee to stud and re ort to the Ci Council on the advisabili of redistricting the City. District boundaries shall not be altered except as reasonably necessary to promote • eater e ualit of •o "Illation amon g the Districts. Such bound alteration shall be made in accordance with Elections Code section 21620-21620.1 and other applicable Federal and California laws, and by ordinance adopted by affirmative vote of at least two-thirds of the full membership of the Ci Council. An such ordinance ado ted within one hundred twen da s immediatel recedin an election of Council members shall not become effective until the day following such election. No redistrictint shall dis uali an Council member from servin as the Council member from the District he or she was nominated or appointed for the remainder of his or her term, if elected, or until the next general municipal election, if appointed. Section 318 shall be added and shall read: Section 318. ADDITIONAL TERRITORY. An territo 7 constituting a sart of the Ci and not specifically included in any district shall be deemed included in the District with which it has the longest common boundary line. If there shall be no common boundarywith any District then such territo iy shall be deemed included in the nearest district to it. Section 319 shall be added and shall read: Section 319. LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the Districts shall be: District 1: At the intersection of Clay Ave. and Goldenwest St., south on Goldenwest St. to the Pacific Ocean. South on the Pacific Ocean to the Ci bound along the Santa Ana River. North on the Santa Ana River to Hamilton Ave. West on Hamilton Ave. to Bushard St. North on Bushard St. to Atlanta Ave. . West on Atlanta Ave. to Beach Blvd.. North on Beach Blvd. to Yorktown Ave. West on Yorktown Ave., to Delaware St. North on Delaware St. to Clay Ave. West on Clay Ave. to Goldenwest St. District 2 At the intersection of the City boundary along the Santa Ana River and Hamilton Ave. \Vest on Hamilton Ave. to Bushard St. North on Bushard St. to Atlanta Ave. West on Atlanta Ave. to Beach Blvd. North on Beach Blvd. to Yorktown Ave. East on Yorktown Ave. to Worchester Ln. North ttailEQ t41) . 4`1 rzzlk rsz.4 Res. No. 2002-77 Worchester Ln. to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln. to Grant Dr. East on Grant Dr. to Harding Ln. North on Harding Ln. to Hamden Ln. East on Hamden Ln. to Newhaven Ln. South on Newhaven Ln. to Bridgeport Dr. East on Bridgeport Dr. to Newland St. . North On Newland St. to Garfield Ave. East on Garfield Ave. to the City boundary along the Santa Ana River. South on the City boundary to Hamilton Ave. District 3 At the intersection of Clay Ave. and Goldenwest St., South on Goldenwest St. to the Pacific Ocean. North on the Pacific Ocean to Warner Ave. East on Warner Ave. to the City boundary that generally follows Pacific Coast Hi thwa . South East, North and West on the Ci bound to Warner Ave. West on Warner Ave. to Pacific‘Coast Hi .hway . North on Pacific Coast Hi lima to the Ci bound east of Ba view Dr. North on the Ci bound to Broadwa East on Broadwa to Intre id Ln. North on Intre Bid Ln. to The Ci bound north of Remora Dr. West on the Ci bound. to Pacific Coast Hiahwa North on Pacific Coast Hiahwa to the Ci bound . Easterl on the Ci bound to Sunset Wa y East. East on Sunset Wa East to Edinger Ave. East on Edin a er Ave. to Sherlock Ln. South on Sherlock Ln. and its extension to Seaview Ln. South on Seaview Ln. to Heil Ave. East on Heil Ave. to Bolsa Chica St. South on Bolsa Chica St. to Warner Ave. East on Warner Ave. to Goldenwest St. South on Goldenwest St. to Clay Ave. District 4 At the intersection of Goldenwest St. and Clay Ave., West on Clay Ave. to Delaware St. South on Delaware St. to W.Yorktown Ave. West on Yorktown Ave. to Worchester Ln. North on Worchester Ln to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln. to Grant Dr. East on Grant Dr. to Harding Ln. North on Harding Ln. to Hamden Ln. East on Hamden Ln. to Newhaven Ln. South on Newhaven Ln. to Bridge ort Dr. East on Brid ge ort Dr. to Newland St. North On Newland St. to Warner Ave. West on Warner Ave. to Magnolia St. North on Magnolia St. to the City boundary that • enerall follows Interstate 405. North on the Ci bound to the Ci bound that enerall follows Heil Ave. West on the City boundary to Beach Blvd. North on Beach Blvd. to Heil Ave. West on Heil Ave. to Goldenwest St. South on Goldenwest St. to Clay Ave. District 5 At the intersection of Goldenwest St. and Warner Ave., \Vest on Warner Ave. to Bolsa Chica St. North on Bolsa Chica St. to Heil Ave. West on Heil Ave. to Seaview Ln. North on Seaview Ln. and its extension to Sherlock Ln. North on Sherlock Ln. to Edinger Ave. East on Edinger Ave. to Bolsa Chica St. North on Bolsa Chica St. to the northern Ci bound . At the intersection of the northern Ci boundary and Heil Ave., West on Heil Ave. to Goldenwest St. South on Goldenwest St. to Warner Ave. Section 704 shall be amended to read: Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal Office must be signed by not less than twenty nor more than thirty electors of the City. Additionally, candidates for City Council must collect said signatures from electors residing in the District where they reside. aq A .,,,?' , Y At..-,.:e ti k; \;\ , .4..., .,11 • Se al Beach .1..14,k;le4,11; EN Res. No. 2002-77 This map generally illustrates the text of Section 319. If any discrepancies exist, Section 319 shall control.