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HomeMy WebLinkAboutCity Council - 6187 RESOLUTION NO. _6187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 1990, FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT ENTITLED "A CHARTER AMENDMENT TO RESTRICT THE SALE, LEASE, EXCHANGE AND DEVELOPMENT OF CITY-OWNED OR OPERATED PARK AND BEACH LANDS" WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 5, Chapter 3, Article 3 (commencing at Section 4080) 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 percent of the total number of registered voters of the city which has been determined according to the county clerk' s last official report of registration to the Secretary of State; and The City Council is authorized and directed by statute to submit the proposed charter amendment to the voters; NOW, THEREFORE the CityCouncil of the i 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 5, Chapter 3 , Article 3 (commencing at Section 4080) of the Election Code of the State of California, there is called and ordered to be held to be in the City of Huntington Beach, California, on Tuesday, November 6, 1990, a General Municipal Election for the purpose of submitting the following proposed charter amendment: -1- Should the City of Huntington Beach City Charter be amended to require that no City park or beach may be sold, leased, exchanged or transferred or YES improved with a golf course, driving range, road, building over 3, 000 square feet in floor area, nor structure costing more than $100, 000 without the affirmative votes of at least a majority of the total membership of its City Council and of the electors voting on such proposition at a NO general or special election SECTION 2. That the text of the charter amendment submitted to the voters is attached as Exhibit A. SECTION 3 . That the ballots to be used at the election shall be in form and content as required by law. SECTION 4 . That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5 . That the polls shall be open at seven o 'clock a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of . the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 6 . That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. 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 8 . That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original -2- 6187 resolutions . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16thday of Jt,il� 1990. Mayor ATTEST: APPROVED AS TO FORM: %n 44�4sc L G City Clerk y t rney vv REVI EWED AND APPROVED: c City Adminis ator -3- 6187 Exhibit "A" First. Section 612 of the City Charter is amended to read as follows : PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Second. The following additional paragraph is added to Section 612 of the City Charter: (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $100,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Third. The following additional paragraph is added to Section 612 of the City Charter: (c) Section 612(a) and (b) shall not apply; 1. to libraries or piers; 2. to any lease, franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. Fourth. The following additional paragraph is added to Section 612 of the City Charter: (d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. 6187 Res. No. 6187 STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of July 19_go by the following vote: AYES: Councilmembers: MacAllister, Winchell , Green, Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: Bannister out of room City Clerk and ex-offitlo Clerk of the City Council of the City of Huntington Beach, California