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Home My WebLink About2002-01-15Special Meeting Minutes City Council City of Huntington Beach Monday, January 15, 2002 6:00 P.M. — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 An audiotape of this meeting is on file in the Office of the City Clerk. Call to Order Mayor Cook called the Special Meeting of the City Council of the City of Huntington Beach to order at 5:00 p.m. in the Council Chambers. City Council Roll Call Present Green, Dettloff, Bauer, Cook, Boardman Absent: Houchen City Clerk Read Call for City Council Special Meeting Notice The City Clerk read the Call for Special Meeting Notice, after which time Council ascertained from Assistant City Attorney Scott Field that it was not necessary to call for a motion to recess to Closed Session to discuss the matter of the agenda item in question. CALL FOR CITY COUNCIL SPECIAL MEETING CITY OF HUNTINGTON BEACH TUESDAY, JANUARY 15, 2002 Mayor Debbie Cook Councilmember Peter Green Councilmember Shirley Dettloff Councilmember Ralph Bauer Councilmember Pam Houchen Councilmember Connie Boardman You are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, Calffomia, is called for and will be held at City Hall, 2000 Main Street, Huntington Beach, California 92648 in the Council Chambers at the hour of 6:00 p.m., Tuesday, January 15, 2002. The meeting is for the purpose of considering the following: (2) January 15, 2002 — City Council Minutes - Page 2 1 . (if Required) Call Closed Session of the City Council Recommended Action: Motion to recess to Closed Session on the following item: (City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer Wth its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Ed Blackford v. Connie Brockway; Orange County Superior Court Case No. 01CC15111. Subject: EdBlackfordv. Connie Brockway. (120.80) 2. (City Council) Ratify Revised Ballot Language of Ballot Measure HH for the March 5, 2002 Special Municipal Election Ballot - Amendment of Gas Tax by Removing Electric Power Plant Exclusion (620.30) Ratification by the City Council of revised language of Ballot Measure HH for the Special Municipal Election of March 5, 2002. Recommended Action: Motion to: Ratify revised Ballot Question language for Ballot Measure HH as shown below: Amendment of Gas Tax by Removing Electric YES Power Plant Exclusion "Shall the ordinance repealing the Gas Tax exclusion NO for electric power plants be adopted?" 3. Informational Only., (City Council) Ballot Measure HH for the March 5, 2002 Special Municipal Election - Amendment of Gas Tax by Removing Electrim Power Plant Exclusion — City Council Ballot Argument (Revised (620.30) "The revised City Council Ballot Argument is included in the agenda packet for Item No. 3. Dated: January 14, 2002 /s/ Connie Brockway /s/ Debbie Cook ATTEST: City Clerk Mayor I hereby certify that I received the above notice, "Call of Special Meeting of the Huntington Beach City Council" prior to Monday, 6:00 p.m. on Monday, January 14, 2002. /s/ Debbie Cook Mayor (3) January 15, 2002 — City Council Minutes - Page 3 City Clerk Read Late Communication Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the Late Communication regarding the agenda item that had been received by her office following distribution of the agenda packet: Communication submitted by the City Attorney's Office to the City Clerk's Office an January 15, 2002 transmitting a legislative draft of Ballot Measure HH. Communication titled Legislative Draft Version of Ballot Argument, as Approved by Superior Court. (City Council) Ratified Revised Ballot Question Language of Ballot Measure HH for the March 5,2002 Special Municipal Election - Amendment of Gas Tax by Removing the Electric Power Plant Exclusion (620.30) Assistant City Attorney Field spoke relative to the request for ratification by the City Council of the revised language, which had been approved by the Orange County Superior Court, of Ballot Measure HH for the Special Municipal Election of March 5, 2002. The following communications were included in the agenda packet in the matter of Orange County Superior Court Case No. 01CCO1511. Subject: Ed Blackford v. Connie Brockway. Court document titled Stipulation and Order Re: Real Party in Interest - Huntington Beach City Council's Return on Writ of Mandate. Court document titled Certified for Publication in the Court of Appeal of the State of California — Fourth Appellate. District — Division Three. Original language for Baliot Measure HH. Council inquired regarding the difference in meaning between the words "exemption" and "exclusion." Assistant City Attorney Field reported. He stated that although there does not appear to be any material difference, for the purposes of the Ballot Question, the Court of Appeals ruled in favor of the word "exclusion," A motion was made by Boardman, second Green to ratify the following revised Ballot Question language for Ballot Measure HH: Amendment of Gas Tax by Removing Electric YES Power Plant Exclusion "Shall the ordinance repealing the Gas Tax exclusion for electric power plants be adopted?" NO The motion carried by the following roll call vote: AYES: Green, Dettloff, Cook, Boardman NOES: None ABSENT: Bauer, Houchen (4) January 15, 2002 — City Council Minutes - Page 4 Informational Only., (City Council) Ballot Measure HH for the March 5, 2002 Special Municipal Election - Amendment of Gas Tax by Removing Electric Power Plant Exclusion — City Council Ballot Argument (Revised) (620.30) The revised City Council Ballot Argument was included in the agenda packet for Council's information. City Council Adjournment A motion was made by Boardman, second Dettloff to approve adjournment of the City Council Special Meeting at 6:15 p.m. The motion carried by the following roll call vote: AYES: Green, Dettloff, Cook, Boardman NOES: None ABSENT: Bauer, Houchen City Clerk and ex-officio Clerk/f the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: 6'ft',,7 W� &4A -00, City Clerk -Clerk Mayor -Chairman 19 -3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALL FOR CITY COUNCIL SPECIAL MEETING CITY OF HUNTINGTON BEACH TUESDAY, JANUARY 15,2002 Mayor Debbie Cook Councilmember Peter Green Councilmember Shirley Dettloff Councilmernber Ralph Bauer Councilmember Pam Houchen Councilmember Connie Boardman CALI PORN IA 92648 6-41 C= C= 3> You are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, California, is called for and will be held at City Hall, 2000 Main Street, Huntington Beach, California 92648 in the Council Chambers at the hour of 6:00 p.m., Tuesday, January 15, 2002. The meeting is for the purpose of considering the following: 1. (ff Required) Call Closed Session of the City Cod—ncill Recommended Action: Motion to recess to Closed Session on the following item., (City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Ed Blackford v. Connie Brockway; Orange County Superior Court Case No. 01CC1511 1. Subject: EdBlackfordv. Connie Brockway. (120.80) 2. (City Council) Ratify Revised Language of Ballot Measure HH for the Match 5. 2002 Special Municipal Election Ballot - Amendment of Gas Tax by Removing Electric Power Plant Exclusion( Ratification by the City Council of revised language of Ballot Measure HH for the Special Municipal Election of March 5, 2002. Recommended Action: Motion to: Ratify revised language for Ballot Measure HH as shown below., Amendment of Gas Tax by Removing Electric Power Plant Exclusion YES "Shall the ordinance repealing the Gas Tax exclusion for NO electric power plants be adopted?" orwar wofty of pow thm � qffl mrvkww by tho -ft-m?"M gawk -in.me &V C10*48 offica and tholl I W"0P%rffX=V"VW mo W- Board inft C7- (Continued on the Next Page) (Telephone- 714-53"227) January 15, 2002 — City Council Special Meeting Notice Page 2 3. Informational Only., (City Council) Ballot Measure HH for the March 5, 2002 Sy cial Municipal Election - Amendment of Gas Tax by Removing Electric Power Plant Exclusion — Ci!y Council Ballot Argument (Revise ( . ) "The revised City Council Ballot Argument is included in the agenda packet for Item No. 3, Dated: January 14, 2002 dxoz-� ATTEST: City Clerk Mayor I hereby cetfy that I received the above notice, "Call of Special Meeting of the Huntington Beach City Council" prior to Monday, 6:00 p.m. on Monday, January 14, 2002. ri,W" K � b