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HomeMy WebLinkAboutCity Council - 2002-78 RESOLUTION NO. 2002-78 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, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 2004 WHEREAS, pursuant to authority provided by 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, 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; 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 March 2, 2004, at a Special Municipal Election to be held that date, the submission of the following proposed charter amendment to the City's voters: Shall the Huntington Beach City Charter be amended, effective with the November 2004 General Municipal Election,to YES 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 NO limit on a councilmember's term of office, instead of the current limit of two consecutive four-year terms? SECTION 2. That the text of the proposed charter amendment submitted to the voters is attached as Exhibit A. g:/election/2002RNovember/reso-submissionstoelectorsoption2-2002.doc 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 time, in time, form and manner as required by law. SECTION 5. That the City of Huntington Beach recognizes that additional costs will be incurred by the County of Orange by reason of this consolidation and agrees to reimburse the County for such additional costs. SECTION 6. That the county election department is authorized to canvass the returns of the March 2, 2004 Special 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 the said Special Municipal Election. SECTION S. 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 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into 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 5th day of August, 2002. Mayor ATTEST: APPROVED AS TO FORM: r zi City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad6iTnistrator City Clerk g:/election/20021Novembedreso-submissionstoeiectorsoption2-2002.doc Res. No. 2002-78 EXHIBIT A. Res. No. 2002-78 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 sevea 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 umil the n..,,rkat n of 4*k respective terms an until their successors are �- elected and qualified.-F-i All five members of the City Council shall be elected at the general municipal election held in4466 2004, one from each District. District 1,3,and 5 shall initially_be for a two-Year term and each fourth year thereafter. District 2 and 4 shall be for a four-Year term, and each fourth year thereafter. , was elected a member sha4l be ele-Gted to the GiVy Q:W ,•�sT e ,-a than „e Azt e sfl..,,+; ,e to Subject to the provisions of this Charter, the City av 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 p2gose of electing members of the City Council the City shall be divided into five Districts as nearly equal in population as practicable. 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 subject to alteration and change under the provisions of this Charter. Said redistricting plan maY describe the new boundaries by reference map on file with the City Clerk A metes and bounds description of the new boundaries need not be contained in said redistricting plan. Section 315 shall be added and shall read: Section-3 15. COUNCIL MEMBER RESIDENCY REQUIREMENTS. There will be only one member from each District on the City Council. Every Council member shall be an actual resident and elector of The District from which the Council member is nominated.Any Council member who moves_ from the District of,%vhich the Council member«-as nominated forfeits the office. Res. No. 2002-78 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 CiV Council shall appoint a committee to study and report to the City Council on the advisability of redistricting.the City.District boundaries shall not be altered except as reasonably necessary to promote greater equality of population among the Districts. Such boundary 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 City Council. AM such ordinance adopted within one hundred twenty days immediately preceding any election of Council members shall not become effective until the day following such election.No redistricting shall disqualify My Council member from serving 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. Any territory constituting a part of the City and not specifically included in any district shall be deemed included in the District with which it has the lonmest common_ boundary line. If there shall be no common boundary with any District,then such territory 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 City boundary 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 Yorktovvm 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. 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. East on Yorktown Ave. to Worchester Ln. North on Res. No. 2002--78 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 Highway. South,East.North and West on the City boundary to Warner Ave. West on Warner Ave. to Pacific Coast Highway. North on Pacific Coast Highway to the City boundary east of Bayview Dr. North on the City boundary to Broadway. East on Broadway to Intrepid Ln. North on Intrepid Ln. to The City boundary north of Remora Dr. West on the City boundary to Pacific Coast Highway. North on Pacific Coast Highway to the City boundary. Easterly on the City boundary to Sunset Way East. East on Sunset WE East to Edinger Ave. East on Edinger 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 Lm 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 Warner Ave. West on Warner Ave.to Magnolia St. North on Magnolia St. to the City boundary that generally follows Interstate 405. North on the City boundary to the City boundary that generally 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.,West 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 Cluca St. North on Bolsa Chica St.to the northern City boundary. At the intersection of the northern City 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. NOIvIlNATION 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. Res. No. 2002-78 -,'Seal Beach Westmi f - ---- 5antaAna j 05 F lain Valley 04 H ling[ n Beach Costa Mesa f7 This map generally illustrates the text of Section 319. If any discrepancies exist, Section 319 shall control. Res. No. 2002-78 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 5th day of August, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Houchen, Winchell, Bauer NOES: Cook ABSENT: None ABSTAIN: None i i City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California • IvLtJ CITY OF HUNTINGTON BEACH Inter-Department Communication TO: CONNIE BROCKWAY, CITY CLERK FROM: JENNIFER McGRATH, CITY ATTORNEY SUBJECT: CORRECTIONS TO ELECTION RESOLUTIONS; RLS 2003-0523 DATE: November 7, 2003 Transmitted with this memo are corrected pages to Resolution 2002-78 and 2002-79. For Resolution 2002-78, standard language relating to city payment of the additional cost of consolidating the election with the statewide primary was inadvertently omitted. For Resolution 2002-79, a portion of the ballot question was inadvertently omitted. We consider these inadvertent omissions to be typographical in nature and have provided these replacement pages to correct the omissions. Please contact me if you have any further questions regarding this matter. .� a whpl-� - - JENNIFER McGRATH City Attorney z C Q � oall - f- u-I n r PDA:03memos:Brockway 1107-Corrections to Election Resolutions RESOLUTION NO. 2002-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING N BEACH, CALIFORNIA ORDERING THE SUBMISSION TO THE QU IED ELECTORS OF THE CITY A PROPOSED AMENDMENT TO THE CITY ARTER RELATING TO ELECTION OF FIVE COUNCILMEMBERS EACH B DISTRICT INSTEAD OF THE CURRENT SEVEN MEMBERS ELECTED AT-LAR , TO IMPOSE A LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS STEAD OF THE EXISTING TWO CONSECUTIVE TERM LIMIT AND TO REDUCE E TOTAL NUMBER OF COUNCILMEMBERS FROM SEVEN TO FIVE, AT A SP IAL MUNICIPAL ELECTION TO BE HELD ON March 2 2004 WHEREAS, pursuant to authority provided by Article of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division , Chapter 3, Article 3 (commencing at § 9255) of the Election Code of the State California, a petition has been filed with the legislative body of the City of Huntington Beac igned by more than fifteen percent of the registered voters of the City according to the coon election department's last official report of registration to the Secretary of State to submit a pr posed charter amendment to the voters; and WHEREAS, the City Council is autho ' ed and directed by statute to submit the proposed charter amendment to the voters; NOW, THEREFORE,THE CITY OUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,DOES RESO VE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursu to Article XI of the Constitution and Title 4,Division 2, Chapter 3 of the Government C e and Division 9, Chapter 3, Article 3 (commencing at § 9255) of the Election Code of the St e of California, there is called and ordered to be held in the City of Huntington Beach, Califo ia, on March 2, 2004 , at a Special Municipal Election to be held that dat , the submission of the following proposed charter amendment to the City's voters: /Exhibit he H ntington Beach City Charter be amended, effective e vember 2004 General Municipal Election, to provide YES acting five councilmembers instead of the current embers; (2)dividing the city into five separately elected d districts, instead of the current citywide vote; and {3} ing an eight-year(two Four-year terms)lifetime limit an a ilmembel's term of office, instead of the current limit of NO nsecutive four-year terms? 2. That the text of the proposed charter amendment submitted to the voters is atbit A. g;lelection/2002/novemberlreso-submissiontoelectorsoption2-2002.doe Res. No. 2002-78 SECTION 3. That in all particulars not recite in this resolution, the election shall be held and conducted as provided by law for holdin f municipal elections. SECTION 4. That notice of the time place of holding the electio is given and the City Clerk is authorized, instructed and direc d to give further or additiona notice of the election, in time, form and manner as requi d by law. SECTION 5. That the county a ction department is authorize to canvass the returns of the March 2, 2004 Spe ' 1 Municipal Election. The el ction shall be held in all respects as if there were only one el tion, and only one form of b of shall be used. SECTION 6. That the B and of Supervisors is request to issue instructions to the county election department to t e any and all steps necess for holding of the said Special Municipal Election. SECTION 7. The ity.Clerk is hereby directed file a certified copy of this resolution with the Board of Superv' ors and the county electio epartment of the County of Orange. SECTION 8. at the City Clerk shall ce fy to the passage and adoption of this Resolution and enter ' into the book of original esolutions. PASSED ADOPTED by the Cl Council of the City of Huntington Beach at a regular meeting t reof held on the 5th ay of August , 2002. Mayor ATTEST , APPROVED AS TO FORM: � L City Clerk 4%-15-ol City Attorney REVIEWED AND AP ROVED: INITIATED AND APPROVED: City Ad inistra r City Clerk g:/election/2002/novemberlreso submissiontoelectorsoption2-2002.doe